Where is the suit filed for my claim of unseaworthiness or for negligence under the Jones Act?
A seaman may sue the seaman’s employer under the Jones Act in either Federal Court or in State Court. If the case is originally brought in the State Court, the defendant may not remove the case to the Federal Court. However, even if the case is brought in the State Court, the Federal Maritime Law applies to the State claim. A claim for “unseaworthiness” may also be brought in the same case as the plaintiff’s Jones Act suit. If the seaman were to bring only an unseaworthiness claim in the Federal Court, this would be an admiralty action and there would be no right to a jury trial. However, if the seaman also couples the unseaworthiness claim with a claim for negligence under the Jones Act in the Federal Court, then he may ask for a jury trial as to both claims.
Related Questions
- What amount of "fault" (or negligence) must the employer be guilty of in order for recovery to be allowed under the Jones act?
- Where is the suit filed for my claim of unseaworthiness or for negligence under the Jones Act?
- Where do I bring my claim for unseaworthiness or for negligence under the Jones Act?
