What is a Jones Act Case

The United States Constitution provides that Federal Courts have control over "all cases of admiralty and maritime." Yet, the constitution does not say what "cases of admiralty and maritime" means. The general laws of the United States also don't define this clause. Instead, there are numerous laws which each set forth that they are maritime cases. These include the Death on the High Seas Act, the Limitation of Shipowner Liability Act, the Ship Mortgage Act, the Public Vessels Act and the Suits in Admiralty Act, to name only some. Interestingly, the Jones Act creates a right to file a suit in Federal Court, but does not say whether the suit can be brought in admiralty. It has been left to the courts to decide what cases fall under admiralty jurisdiction. This is why there is no specific law dealing with maritime case, but rather there is a "general maritime law."

For personal injury cases, the court have generally created two distinctive types of cases: Longshore and Harbor Workers Compensation cases and Jones Act cases. The Jones Act gives seamen the right to recover money for damages caused to them by the negligence of their employer. Also, the seaman's beneficiaries can bring an action under certain circumstances. The key word in that sentence for jurisdiction is "seamen." The Supreme Court has stated that "everyone is entitled to the privilege of a seaman who, like seamen, at all times contribute to and labor about the operation and welfare of the ship when she is upon a voyage." Warner v. Goltra, 293 U.S. 155, 55 S. Ct. 46, 79 L. Ed. 254. From early on, the term seamen was applied liberally to such voyagers as radio operators, cooks, porters, stewards and many others. The old (very old) rule of aiding in navigation no longer applies. Instead, a seaman must assist in the "mission of the vessel."

Further, a seaman must have a connection to the vessel in navigation that is substantial in duration and its nature. So a stevedore who loads the ship could be said to "contribute to its mission," but his connection to the vessel is not substantial in duration or nature, so he is a longshoreman. A cook, however, assists the mission and lives on the vessel when it's at sea. A cook would be a seaman. So a Jones Act case is (1) a case involving a seaman; (2) where the seaman was injured by negligence.