Legal Definitions - Jones Act

The Jones Act, officially known as the Merchant Marine Act of 1920, is a federal law in the United States with two primary goals:

• To support and maintain a strong American merchant marine (the fleet of commercial ships) for both commercial activity and as a potential naval auxiliary during times of war or national emergency.
• To protect American seamen by providing a legal avenue for those injured while working at sea to seek compensation from their employers.

Specifically, the Jones Act mandates that all goods transported by water between U.S. ports must be carried on vessels that are:

• Built in the United States.
• Owned by U.S. citizens.
• Operated under the U.S. flag.
• Crewed primarily by U.S. citizens or permanent residents.

Additionally, the Act extends protections similar to those for railway workers to seamen. It allows a seaman who is injured due to their employer's negligence during the course of their employment to file a personal injury lawsuit against that employer. This includes the right to a jury trial, which is not always available under general maritime law, and the ability to bring the case in either state or federal court, with the employer unable to force the case into federal court if the seaman chooses a state forum.

Examples:

• Interstate Shipping Requirement: Imagine a company that needs to transport a large quantity of agricultural products from a port in Louisiana to a processing plant in Puerto Rico (a U.S. territory). Under the Jones Act, this shipment cannot be carried by a foreign-flagged vessel, even if it might be cheaper or more readily available. Instead, the company must contract with a shipping line that uses a vessel built in the U.S., owned by U.S. interests, flying the U.S. flag, and crewed predominantly by U.S. citizens. This requirement directly supports the American shipbuilding industry and maintains a domestic maritime workforce.

• Seaman's Injury Claim (Unsafe Conditions): A cook working on an offshore oil supply vessel in the Gulf of Mexico slips and falls on a greasy galley floor, suffering a broken arm. The cook had previously reported the faulty drainage system that caused the constant pooling of grease, but the employer failed to address the issue. Under the Jones Act, the cook can sue the vessel owner for negligence, arguing that the employer's failure to maintain a safe working environment directly led to the injury. The cook would have the right to a jury trial and could seek damages for medical expenses, lost wages, and pain and suffering.

• Seaman's Injury Claim (Faulty Equipment): A deckhand on a ferry operating between two islands off the coast of Washington State is injured when a winch used to secure cargo unexpectedly malfunctions, causing a heavy load to shift and pin the deckhand's leg. Investigation reveals that the winch had not been properly inspected or maintained by the ferry company, despite manufacturer recommendations. The Jones Act allows this deckhand to bring a personal injury claim against the ferry company, asserting that the employer's negligence in maintaining equipment led to the injury. The deckhand can choose to file this lawsuit in a state court, and the employer cannot unilaterally move the case to a federal court.