PA Rule not Applicable to Jones Act

Friday, August 13, 2004
The U.S. Court of Appeals for the Second Circuit decided that the Pennsylvania Rule is not applicable to cases of seaman personal injury brought under the Jones Act. In the instant case, plaintiff’s decedent had been employed as a crewmember on defendant’s vessels. After leaving such employment, decedent was diagnosed with squamous cell carcinoma, for which he later died. Plaintiff brought suit against defendant, alleging that the cancer was due, in part, to decedent’s exposure to benzene and polycyclic aromatic hydrocarbons (PAHs) while working on the vessels. Plaintiff alleged that the level of benzene and PAHs on the vessels exceeded that allowed by Coast Guard regulations and, because of such alleged violation, the burden of proof should be shifted to defendant to show that such violation did not cause the cancer, in accordance with the Pennsylvania Rule. The court held that the Pennsylvania Rule was intended to address collisions and related maritime casualties and is not applicable to seaman personal injury cases such as this where the fact pattern is much more attenuated. Wills v. Amerada Hess Corp., No. 02-7913 (2nd Cir.) (HK Law)
Maritime Reporter November 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

US Shippers, West Coast Dockworkers Union Resume Contract Talks

Negotiators for shipping lines and terminal operators at 29 U.S. West Coast ports resumed contract talks with the union for dockworkers on Thursday, as cargo backups continued at the ports,

Report: Dire Conditions in Indian Shipbreaking Yards

Report by Indian research institute reveals poor enforcement of occupational health and safety provisions   The working and living conditions at the shipbreaking yards of Alang,

Italian Shipbuilder Pleads Guilty to Environmental Crimes

An Italian shipping firm based in Genoa, Italy, pleaded guilty to violating the Act to Prevent Pollution from Ships by falsifying required ships’ documents to hide

 
 
Maritime Contracts Maritime Standards Naval Architecture Offshore Oil Pipelines Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1988 sec (5 req/sec)