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.

Maritime, Aviation, and Rail Injuries: A Comprehensive Guide to the Jones Act, FELA, and Preemption

Tort > Maritime, Aviation, and Rail Injuries | Published 21 June 2024 - Updated 13 June 2026 | UpLaw - uplaw.us

How to Use This Guide

Part 1 is the classification framework, and it governs everything after it. Parts 2 through 4 cover seamen. Part 5 covers harbor workers. Parts 6 and 7 cover railroads. Parts 8 and 9 cover aviation and death on the high seas. Parts 10 through 14 cover limitation of liability, passengers, forum, evidence, and damages.

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