– CASE LAW

– I. IN GENERAL

– A. General Principles
– B. Relationship to Other Available Remedies

– 1. Traditional Maritime Remedies
– 2. Remedies Provided by Federal Statute
– 3. Remedies Provided by State or Territorial Law

– C. Applicability to Foreign Ships, Seamen, and Occurrences
– 1. In General
– 2. Place of Injury
– 3. Nationality or Ownership of Vessel
– a. In General
– b. Foreign Ownership
– c. Foreign Flag Vessels Owned or Operated by American Interests
– 4. Nationality of Seaman
– 5. Other Factors

– II. PERSONS ENTITLED TO RECOVER

– A. Seamen
– 1. General Principles
– a. In General
– b. Tests for Determining Status as Seaman

– 2. Employed on “Vessel in Navigation”
– a. In General
– b. Status of Vessel
– c. Particular Vessels

– 3. Particular Persons as Seamen

– B. Representatives or Beneficiaries of Seamen

– III. EMPLOYMENT RELATIONSHIP

– A. In General
– B. Particular Persons or Entities as Employers
– C. Injury as Sustained in Course of Employment

– IV. NEGLIGENCE

– A. In General

– B. Vicarious Liability
– 1. In General
– 2. Particular Acts of Crew

– C. Circumstances of Injury
– 1. Assault
– a. In General
– b. Assaults Among Crew and Officers

– 2. Improper Management and Supervision
– a. In General
– b. Particular Acts Supervised

– 3. Medical Care
– 4. Physical Properties of Vessel and Dock
– 5. Other Circumstances

– V. DEFENSES

– A. Seaman’s Acts or Omissions
– 1. Contributory and Comparative Negligence
– 2. Assumption of Risk
– 3. Contributory Negligence and Assumption of Risk Under Particular Circumstances

– B. Release
– C. Limitations of Actions
– 1. Statutory Limitations
– 2. Laches

– D. Collateral Estoppel and Res Judicata
– E. Limitation of Liability
– F. Other Defenses

– VI. DAMAGES

– A. In General
– B. Damages for Personal Injury
– 1. Elements of Damages
– 2. Deductions From Award

– C. Damages for Wrongful Death
– 1. Elements of Damages
– 2. Computation of Award

– VII. PRACTICE AND PROCEDURE

– A. State Court Actions
– B. Jurisdiction
– 1. In General
– 2. Bases of Jurisdiction

– C. Venue
– 1. In General
– 2. Bases of Venue
– 3. Forum Non Conveniens

– D. Election of Alternative Remedies
– 1. In General
– 2. Electing Particular Remedies

– E. Institution of Action

– F. Pleadings and Motions
– 1. Complaint
– 2. Answer
– 3. Motions

– G. Removal and Remand
– H. Discovery
– I. Jury

– 1. Right To Jury Trial
– 2. Submission of Issues

– J. Evidence
– 1. In General
– 2. Plaintiff’s Burden of Proof
– 3. Defendant’s Burdeon of Proof
– 4. Admissibility of Evidence

– K. Appeal and Review
– L. Settlement