Like many New Yorkers, you may be employed by a shipowner, working toward career advancements that will ensure you a good income and a job you love at sea. According to the New York Law Journal, Meagan Golden was one such crew member, employed on a vessel owned by OSG Ship Management. Her goals were destroyed when she suffered a career-ending injury while handling cargo on the ship.
In 2011, Meagan Golden was an aspiring sea captain working as a third mate on a tanker, the M/V Overseas Cascade. The 25-year-old's career was cut short, however, by a serious shoulder injury that led to several surgeries.
When you take your employer to court in New York for a Jones Act negligence claim, you must show that he or she did not act in the way a reasonable person would. The Manual of Model Civil Jury Instructions for the District Courts of the Ninth Circuit explains that the negligence could be a failure to make sure the vessel is seaworthy, or it could be failure to hire an adequate number of crew members who are trained for their duties, among other violations.
Unsafe conditions at sea can put a New York seaman's life in danger where those same conditions on land may not be much of a safety issue. Because of provisions in the Jones Act, someone who is injured while working on a ship may be able to hold the shipowner liable for negligence. According to Cornell University Law School's Legal Information Institute, negligence is acting without a reasonable level of care for another's safety, or failing to act in a reasonable way to keep another safe.
Those in Manhattan who work in the maritime industry are likely well-aware of the perils that they face from their profession. The heightened risk that they encounter while on the job has prompted policy makers to extend them added protections through the Jones Act. Section 30104 of this Act (as shared by the Cornell University Law School) clearly stipulates that injured seamen are allowed to bring action against their employers. It is also clear in detailing that one's injury must be sustained during the course of employment to qualify for this relief.
New York residents who have ever found themselves in gridlock and looked around to see a host of semi trucks or other large commercial vehicles carrying goods may logically wonder why so much commercial transport still relies on ground transportation. Even though the New York City area has designed truck routes in an attempt to alleviate some of the problems and dangers, the number of trucks on the road does pose issues on a daily basis.
The authority of a ship's captain and the protection of the Jones Act are two important items to understand if you work or travel in international waters. Here are eight frequently asked questions about laws covering accidents and crimes at sea.
If you work in the shipping industry in New York, you have likely heard of the Jones Act. You may even have strong feelings about it. You wouldn't be alone. Many people have boisterous opinions about this law from the 1920s. Most of them feel it is time to retire it completely and allow for better, less restrictive regulations to take its place.
The day when a ship may leave a port in New York without a crew member aboard is out there, although the exact date is still up in the air. According to IEEE Spectrum, designers are currently working on the technology to make unmanned cargo ships a reality, and trial runs have even been held. Proponents believe the safety benefits of a ship controlled by robotic and remote means could eliminate the thousands of mariner deaths each year.
Working on a tugboat in New York Harbor presents unique challenges and hazards, as these vessels are designed to push or pull other vessels from place to place. Equipment and duties on a tugboat may put seamen at risk in cases of negligence, such as improperly performed maintenance or inadequate training for the jobs at hand.