Where do I bring my claim for unseaworthiness or for negligence under the Jones Act?
As the plaintiff, you may sue the towboat company under the Jones Act in either Federal Court or in State Court. If the case is originally brought in the State Court, the towboat company may not remove the case to the Federal Court. Even if the case is brought in the State Court, the Federal Law applies to the State claim. A claim for “unseaworthiness” may be combined or brought in the same case as your Jones Act suit. If you were to bring only an unseaworthiness claim in the Federal Court, this would be an admiralty action and there would be no right to a jury trial. However, if you also coupled the unseaworthiness claim with a claim for negligence under the Jones Act in the Federal Court, then you may ask for a jury trial as to both claims.
Related Questions
- What amount of "fault" (or negligence) must the employer be guilty of in order for recovery to be allowed under the Jones act?
- Who can bring a claim under the Federal Tort Claims Act for negligence at a military medical facility?
- Where is the suit filed for my claim of unseaworthiness or for negligence under the Jones Act?
