Maritime Injury Lawyer & Attorney : Vujasinovic & Beckcom : Jones Act : Serving Texas, Louisiana, Mississippi

Offshore workers may find themselves assigned to a government vessel or working for a private vessel chartered by the U.S. federal government. 

If you are injured on a U.S. government vessel or while working on a vessel chartered to the U.S. government, do you have a Jones Act claim?

The answer to this question is probably "no," unless you were aboard a private vessel under "time" charter to the U.S. government.  Instead, you probably have a claim under the Suits in Admiralty Act (the "SAA") or the Public Vessels Act (the "PVA").

The Suits in Admiralty Act is the exclusive remedy for maritime tort actions agains the United States where a public vessel is involved.  The Public Vessels Act contains a waiver of sovereign immunity for admiralty torts, but only those committed by or aboard public vessels.  So, if a private vessel is charted to the U.S. government, the Public Vessels Act exception probably does not apply.

Under the Suits in Admiralty Act, an injured offshore worker can recover only to the extent a private party or company would be liable under similar circumstances.  For example, if the boat owner would be liable as a private person for unseaworthiness, then the U.S. government can likewise be liable for unseaworthiness.

In cases where the U.S. hase hired a private vessel, and one of the vessel's employees is injured on the private vessel, the kind of charter or contract the U.S. has with the private company can make a huge difference in the type of claim allowed. 

The U.S can charter a private vessel in different ways.  Basically, there are two well-knowns types of boat charter.  One is a "time" charter and the other is a "demise" charter.  A demise charter is almost like an outright transfer of ownership. 

A time charter, by contrast, is where one party contracts only for specific services which are rendered by the vessel owner's master and crew.  Time charterers assume no liability for the seaworthiness of the vessel, the negligence of the crew, or maintenance and cure.

As a pratical matter, what this means is that a worker injured on a private vessel leased to the U.S. government under a time charter can bring a Jones Act claim against the private company and is not barred or restricted by the Suits in Admiralty Act or Public Vessels Act.  By contrast, if the boat is under a demise charter, then the only remedy is probably a Suits in Admiralty Act claim.

Suing the U.S. government under the Suits in Admiralty Act or Public Vessels Act is extremely complicated and a worker injured under these circumstances should only hire a very experienced Jones Act attorney or maritime attorney.

If you have been injured on a U.S. government vessel or a vessel leased or chartered to the U.S. government, please call the law offices of Vujasinovic & Beckcom, L.L.P. toll free at 877.724.7800 to speak with one of the firm's experienced Jones Act attorneys. 

Also, please be sure to visit the firm's main website at www.vbattorneys.com for more information about the Jones Act, maritime law, the Suits in Admiralty Act, and the Public Vessels Act.

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The answer to this question after the U.S. Supreme Court's decision in Stewart v. Dutra, 543 U.S. 481 (2005) and the Fifth Circuit's decision in Holmes v. Atlantic Sounding Co., 437 F.3d 441 (5th Cir. 2006) is almost certainly yes. 

    But if the lawyer representing the injured person isn't familiar with these case or hasn't handled Jones Act cases on a regular basis, then the injured Jones Act seaman or spar worker runs the risk of losing this issue and losing substantial and valuable Jones Act rights and remedies.

    To recover under the Jones Act, an injured person must establish that he is a Jones Act seaman.  To be a Jones Act seaman, the injured person must prove that his duties "contribute to the function of the vessel or to the accomplishment of its mission.  See Chandris, Inc. v. Latsis, 515 U.S. 347, 359 (1995).  Second, the injured person must have a connection to a vessel or fleet of vessels that is substantial in terms of its duration and nature.  Id.

    After Stewart v. Dutra Construction Co., 543 U.S. 481, the Fifth Circuit adopted the definition of "vessel" set forth in Title 1, United States Code, Section 3 for all Jones Act claims.  That provision defines "vessel" as any watercraft "practically capable of maritime transportation, regardless of its primary purpose or state of transit at a particular moment."  This makes the Fifth Circuit's definition of "vessel" extremely broad for Jones Act purposes.

    In the Holmes case, the Fifth Circuit was tasked with determining if a quarterbarge was a vessel.  The Fifth Circuit had previously decided, 16 years earlier, that a quarterbarge was not a Jones Act vessel.  In Homes, the court reversed that ruling. 

    Most spars possess a number of objective vessel criteria.  For instance, most spars have a hull, specific displacement, decks, crew quarters.  Most spars float in navigable waters.  The Coast Guard regulates most spars, and often requires that certain job positions be licensed.  Most spars are towed to location or are able to move themselves.  And most spars are not permanently affixed to one spot in the water.  They are mobile.

    In summary, most spars should qualify as Jones Act vessels after Steward v. Dutra and Homes v. Atlantic Sounding.

    To learn more about the Jones Act and maritime law injury claims, please review the rest of this website or visit our main website at www.vbattorneys.com.  Or call for a free consultation with one of the firm's founding partners.

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