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WILLIS
LAW FIRM
1221 McKinney
Suite #3333
Houston, Texas
TOLL FREE
1(800)883-9858
1(800)468-4878

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| VESSEL UNDER THE JONES ACT
How are vessels defined under the Jones Act ? The
definition of a vessel under the Act is "a structure designed for and being
used for the transportation of passengers, cargo or equipment across
navigable waters. It is not necessary that the structure be self-propelled
or equipped with navigational aids to be considered a Jones Act "vessel." There
are structures that sometimes are defined as a vessel and other
times the structure is not. Several examples of such "part-time" vessels
include casino boats tied to a dock, oil and gas platform (stationary
or fixed platform rigs), floating work platforms or barges and
others.
Although question what is "vessel" is usually jury question,
if what emerges from facts and inferences taken most favorably
to plaintiff indicate that craft cannot be vessel, jury may not
make it one. Powers v Bethlehem Steel Corp. (1973, CA1 Mass) 477
F2d 643, reh den (CA1 Mass) 483 F2d 963 and cert den 414 US 856,
38 L Ed 2d 106, 94 S Ct 160.While question whether claimant is
seaman is generally jury question, court is often able to determine "function
of vessel" as matter of law. Ketnor v Automatic Power, Inc.
(1988, CA5 La) 850 F2d 236, 1988 AMC 2885.
The boats, ship and structures below have been held by many courts
across the United States as vessels under the Jones Act 46 U.S.C.
688 (1970).
1. Jackup Drilling Rigs,
2. Semi-submersibles ships and Drilling barges
3. Tankers,
4. Towboats,
5. Crew Boats,
6. Fishing Ships,
7. Cargo Ships,
8. Construction Barges,
9. Lay Barges,
10. Casino Ships
11. Chemical Ships,
12. Diving Vessels,
13. Floating cranes,
14. Drill Ships.
15. Research Vessels,
16. Dredges,
17. Tugs,
18. Floating Casino Ships,
19. Supply Boats,
20. Freighters,
21. Container Ships,
22. Shrimp Baots,
23. Tuna Boats,
24. Yachts,
25. Pleasure Crafts,
26. Salvage Vessels,
27. Steamship,
28. Icebreakers,
29. Refrigerator ships,
30. Dry Bulk Carriers,
31. Sailing Ships,
32. Car Ferries,
33. LASH ships,
34. Roll-on / Roll-off ships,
35. Cable Ships
37. cutterhead dredge barge
38. spud barge
39. tugboats
40. pushboats
41. landing craft
42. supply boat vessels
43. cranes
44. deck barge
45. ocean barge
46. fuel barge
47. tank barge
48. crane barge
49. inland hopper barge
50. ocean hopper barge
51. jack up barge
52. lift barge &
53. living quarters barge
54. Submersible oil storage vessels
55. Mobile drilling barges
56. Cruise ships
57. Commerical fishing boats
Many more boats, ships, or other floating & motorized structures may be
determined to be a vessel under the Jones Act. Many factors determine which
structures are vessels under the Jones Act. This list is not by any means exhaustive,
but should used only as a guide to better understanding the possible vessel
status under the Jones Act.
If
you are a seaman and have been injured on a ship or vessel
that you believe was unseaworthy or that your injuries were
caused in part by the negligent conduct of your employer
or a co-employee, then call us for a FREE
CONFIDENTIAL CONSULTATION at 1-800-883-9858 or 1-800-468-4878.

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If you have been seriously injured while as a member
of the crew of a boat, jack-up rig, tug boat, barge or other marine
ship or vessel, then call us for a Free Confidential Consultation.
Talk to Board Certified Personal Injury Trial Lawyer with over
20 years of experience. (Click Here)

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If I am injured on a ship, should I give a statement
to my employer ? When should I file a notice of injury report ? Under
the Jones Act, do I have the right to choose my own medical doctor ?
(Click Here)

What does maintenance and cure mean
under the Jones Act ? Under what circumstances can I recover pain & suffering
and loss wages under the Jones Act ? (Click
Here)

What
does it mean for a ship to be unseaworthy ? Under the Jones Act can part
of the ship or vessel be seaworthy and another part unseaworthy? (More)

Under the Jones Act and maritime law, what is the
deadline or Statute of Limitation to file a claim or lawsuit if I was
injured on a ship or vessel ? (More)

What if I am not a Jones Act seaman, but I was injured on a ship, vessel or an offshore oil rig or platform ? Does maritime law still apply ? Can I file a maritime claim or lawsuit to recover for my injuries? (More)

Can I file a Jones Act claim if my loved on has been diagnosed
with asbestos lung cancer or mesothelioma from asbestos exposure while
working on a ship or at the shipyard ? (More)
Does maritime law protect me if I was exposed to benzene and later I am
diagnosed with leukemia ? (More)

What if my spouse is killed while at sea? Does the Death
on the High Sea Act (DOHSA) apply to all deaths on ships vessels, helicopters,
and
ships on the high seas?
(More DOHSA info)

What are my legal rights if I have had a previous or old injury but now I have suffered a new injury to my back and neck and may need surgery but the Maritime Insurance company's adjuster says I am not covered and he will not approve it ? Yes, you are covered whether it is aggravation of a old injury or new one, if you were a Jones Act seaman injured on the vessel and the employer was at fault or negligent then you can file a Jones Act lawsuit for any type of injury such as heart attacks, strokes, head injury, brain damage, paralysis, burns, broken bones, paraplegia, quadriplegia, loss of an arm or leg, blindness and for emotional trauma or mental anguish, disfigurement, medical expenses and for loss wages or lost earnings in the past and future.
(Jones Act Lawsuit Damages) |
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NOTE: The statements and information provided on this web site are for the informational purposes only. This site is not intended to provide legal advice to the reader and NO attorney-client relationship shall be deemed to arise from the receipt this page and/or its associated pages or any oral or e-mail communication to or from with David Willis or The Willis Law Firm. There will be NO lawsuits filed, claims made, letters or phone calls made for a prospective client, until that person is represented by the firm. An attorney client relationship only arises after the attorney and client have signed a written attorney client agreement, after the attorney has evaluated the background facts provided and has accepted the representation of the client's legal action.
Mr. Willis is a licensed attorney in New York and Texas. Principle office is Houston, Texas.
He is a Board Certified in Personal Injury Trial Lawyer, certified by the Texas Board of Legal Specialization.
Mr. Willis has represented clients in maritime personal injury, barge accidents, boating accidents, transports, crew boats, diving accidents, rig workers, injuries in river, lakes, canals, ICC, wrongful death lawsuits, oilfield accidents, oilrig accidents, tankers, shrimp boats, fishing vessels, tug boats, push boats, auto accident, explosions, crane accidents, rollover, asbestos, mesothelioma, sandblasters disease - silicosis, benzene solvents-aml leukemia, MDS, toxic chemical, lung cancer, 3rd party actions, electrical shock, fires, burns, explosions, helicopter crashes, tugboats, trucking accidents, third party lawsuits, and other product liability and negligence cases from across the United States, including clients from Alabama, Arkansas, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Virginia, Mexico, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, Nebraska, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, West Virginia & Wyoming.
Further, any statement or reference to past personal injury, products liability lawsuits, settlements or verdicts should NOT be relied upon in one's own case or in your decision on which law firm to hire. All cases, facts, injuries, damages, venues and lawsuits are different and there is NO way to predict the outcome of a particular case, verdict of a jury or judge or the strength of a case before a judge, jury or the appellate court system. The client is responsible for all of their own medical expenses. All cases are handled on a contingent fee basis. No attorney’s fees or case costs charged to client, unless a recovery is made for the client. Often in very serious and catastrophic maritime injury and offshore seaman injury cases Mr. Willis may associate with another attorney as co-counsel and in other matters, the case may be referred. In cases where a legal matter is referred, Mr. Willis will continue to maintain joint responsibility with the handling attorney or lead counsel and actively monitor the progress and development of the case |
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