Guide · Tort
Maritime, Aviation, and Rail Injuries: A Comprehensive Guide to the Jones Act, FELA, and Preemption
46 U.S.C. § 30104
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-06-21
- Topic
- Tort
This guide covers injury claims governed by the specialized federal regimes that displace ordinary tort law. It begins with the classification framework that determines which statute applies and why classification precedes every other question. It then treats the seaman's three remedies in detail — Jones Act negligence with its relaxed causation standard, the unseaworthiness claim against the vessel owner, and the no-fault maintenance and cure obligation — with attention to status, damages, and defenses. The longshore compensation scheme follows, including its status and situs tests, its exclusive remedy provision, the vessel negligence claim it preserves, and third-party recovery. The railroad statute receives full treatment, including featherweight causation, the abolition of assumption of risk, safety statute violations that eliminate comparative fault, and preemption. Later parts cover aviation preemption and international carriage, death on the high seas, vessel owner limitation of liability, passenger and recreational claims, forum selection, evidence preservation, and damages.
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