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.
