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Maritime Accident Lawyer Hawaii

Law Office of William H. Lawson

William Lawson - Admiralty Accident Attorney Hawaii
 
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Recent Personal Injury and Car Accident News


An important victory in the fight for individual rights (as opposed to insurer rights) is the case of Yukumoto and HMSA v. Tawahara. In that case on May 26, 2017, the Hawaii Supreme Court rejected the efforts of a health insurer who tried to convert its insurance coverage into a 'loan agreement' and recover its medical expense payments from Mr. Yukumoto when he had a 3rd party claim - in spite of the fact that he was not being fully compensated for his losses. This insidious insurance practice has been damaging the citizens and members of the Hawaii community for many years. For more info, see the decision here: Yukumoto and HMSA v. Tawahara, Hawaii Sup. Ct. No. SCAP-15-0000460 (May 26, 2017).



 

 

JONES ACT - TABLE OF CONTENTS

The Jones Act

Table of Contents



THE STATUTORY LANGUAGE


CASE LAW

I. IN GENERAL

A. General Principles

B. Relationship to Other Available Remedies

- 1. Traditional Maritime Remedies

- 2. Remedies Provided by Federal Statute

- 3. Remedies Provided by State or Territorial Law

C. Applicability to Foreign Ships, Seamen, and Occurrences

- 1. In General

- 2. Place of Injury

- 3. Nationality or Ownership of Vessel

-- a. In General

-- b. Foreign Ownership

-- c. Foreign Flag Vessels Owned or Operated by American Interests

- 4. Nationality of Seaman

- 5. Other Factors


II. PERSONS ENTITLED TO RECOVER

A. Seamen

- 1. General Principles

-- a. In General

-- b. Tests for Determining Status as Seaman

- 2. Employed on "Vessel in Navigation"

-- a. In General

-- b. Status of Vessel

-- c. Particular Vessels

- 3. Particular Persons as Seamen

B. Representatives or Beneficiaries of Seamen


III. EMPLOYMENT RELATIONSHIP

A. In General

B. Particular Persons or Entities as Employers

C. Injury as Sustained in Course of Employment


IV. NEGLIGENCE

A. In General

B. Vicarious Liability

- 1. In General

- 2. Particular Acts of Crew

C. Circumstances of Injury

- 1. Assault

-- a. In General

-- b. Assaults Among Crew and Officers

- 2. Improper Management and Supervision

-- a. In General

-- b. Particular Acts Supervised

- 3. Medical Care

- 4. Physical Properties of Vessel and Dock

- 5. Other Circumstances


V. DEFENSES

A. Seaman's Acts or Omissions

- 1. Contributory and Comparative Negligence

- 2. Assumption of Risk

- 3. Contributory Negligence and Assumption of Risk Under Particular Circumstances

B. Release

C. Limitations of Actions

- 1. Statutory Limitations

- 2. Laches

D. Collateral Estoppel and Res Judicata

E. Limitation of Liability

F. Other Defenses


VI. DAMAGES

A. In General

B. Damages for Personal Injury

- 1. Elements of Damages

- 2. Deductions From Award

C. Damages for Wrongful Death

- 1. Elements of Damages

- 2. Computation of Award


VII. PRACTICE AND PROCEDURE

A. State Court Actions

B. Jurisdiction

- 1. In General

- 2. Bases of Jurisdiction

C. Venue

- 1. In General

- 2. Bases of Venue

- 3. Forum Non Conveniens

D. Election of Alternative Remedies

- 1. In General

- 2. Electing Particular Remedies

E. Institution of Action

F. Pleadings and Motions

- 1. Complaint

- 2. Answer

- 3. Motions

G. Removal and Remand

H. Discovery

I. Jury

- 1. Right To Jury Trial

- 2. Submission of Issues

J. Evidence

- 1. In General

- 2. Plaintiff's Burden of Proof

- 3. Defendant's Burdeon of Proof

- 4. Admissibility of Evidence

K. Appeal and Review

L. Settlement



JONES ACT - TABLE OF CONTENTS


 

Law Office of
William H. Lawson

Accident-Lawyer-Hawaii

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

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Jones Act maritime law and seaman cases

STATUTE'S LANGUAGE

CASE LAW


I. IN GENERAL

A. General Principles

B. Other Remedies

1. Traditional Maritime
Remedies

2. Federal Law Remedies

3 Remedies by State Law

C. Foreign Involvement

1. In General

2. Place of Injury

3. Flag or Ownership
of Vessel

a. In General

b. Foreign Ownership

c. Foreign Vessels
with American Interests

4. Nationality of Seaman

5. Other Factors



II. PERSONS ABLE
TO RECOVER

A. Seamen

1. General Principles

a. In General

b. Status as Seaman

2. "Vessel in Navigation"

a. In General

b. Status of Vessel

c. Particular Vessels

3. Particular Seamen

B. Representatives of
Seamen



III. EMPLOYMENT

A. In General

B. Particular Entities
as Employers

C. In Course of
Employment



IV. NEGLIGENCE

A. In General

B. Vicarious Liability

1. In General

2 Particular Acts of Crew

C. Circumstances of
Injury

1. Assault

a. In General

b. Assaults Among Crew
& Officers

2. Improper Supervision

a. In General

b. Particular Acts

3. Medical Care

4. Particular Properties
of Vessel & Dock

5. Other Circumstances



V. DEFENSES

A. Seaman's Conduct

1. Comparative
Negligence

2. Assumption of Risk

3. Particular
Circumstances

B. Release

C. Limitations of Actions

1. Statutory Limitations

2. Laches

D. Collateral Estoppel
& Res Judicata

E. Limitation of Liability

F. Other Defenses



VI. DAMAGES

A. In General

B. Damages for Injury

1. Elements of Damages

2 Award Deductions

C. Wrongful Death

1. Elements of Damages

2. Computation of Award



VII. PRACTICE &
PROCEDURE

A. State Court Actions

B. Jurisdiction

1. In General

2. Bases of Jurisdiction

C. Venue

1. In General

2. Bases of Venue

3 Forum Non Conveniens

D. Election of Remedies

1. In General

2. Particular Remedies

E. Institution of Action

F. Pleadings and Motions

1. Complaint

2. Answer

3. Motions

G. Removal and Remand

H. Discovery

I. Jury

1. Right To Jury Trial

2. Submission of Issues

J. Evidence

1. In General

2. Plaintiff's Burden
of Proof

3. Defendant's Burden

4. Admissibility

K. Appeal and Review

L. Settlement

The information provided in these pages is intended to be preliminary and informational ONLY. It is not legal advice by Accident-Lawyer-Hawaii nor may it be relied upon as such. The use of the
Accident Lawyer Hawaii
webpages does not establish an attorney-client relationship. This page is Copyright Accident Lawyer Hawaii 1999-2017.