COMPLAINT UNDER THE JONES ACT

46 U.S.C. § 30104

IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

[________________________________],
Plaintiff,

v. Civil Action No. [________________]

[________________________________],
Defendant.

COMPLAINT FOR DAMAGES UNDER THE JONES ACT, GENERAL MARITIME LAW, AND FOR MAINTENANCE AND CURE

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant [________________________________] ("Defendant"), and alleges as follows:

I. PARTIES

1. Plaintiff [________________________________] is an individual and citizen of the State of [________________________________], residing at [________________________________].

2. Defendant [________________________________] is a [☐ corporation organized under the laws of ________________] [☐ limited liability company] [☐ partnership] [☐ individual] with its principal place of business at [________________________________]. Defendant may be served with process at [________________________________].

3. At all relevant times, Defendant was the [☐ owner] [☐ operator] [☐ employer] [☐ managing agent] of the vessel known as the M/V [________________________________], Official Number [________________], hereinafter referred to as "the Vessel."

II. JURISDICTION AND VENUE

4. This Court has original jurisdiction over this matter pursuant to 28 U.S.C. § 1333, which grants federal district courts original jurisdiction over admiralty and maritime cases.

5. This Court also has jurisdiction under 28 U.S.C. § 1331 (federal question) as this action arises under the Jones Act, 46 U.S.C. § 30104, a federal statute.

6. Pursuant to the "savings to suitors" clause of 28 U.S.C. § 1333(1), Plaintiff elects to proceed at law with the right to a trial by jury.

7. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because [☐ Defendant resides in this District] [☐ a substantial part of the events giving rise to the claim occurred in this District] [☐ the Vessel is found in this District].

III. STATEMENT OF FACTS

A. Employment Relationship and Seaman Status

8. At all times relevant to this action, Plaintiff was employed by Defendant as a [________________________________] (job title) aboard the Vessel.

9. Plaintiff's employment with Defendant began on or about [__/__/____] and [☐ continues to present] [☐ ended on __/__/____].

10. Plaintiff is a "seaman" within the meaning of the Jones Act because:

a. Plaintiff's duties contributed to the function of the Vessel and/or the accomplishment of its mission;

b. Plaintiff had a connection to the Vessel that was substantial in both duration and nature; and

c. Plaintiff spent more than thirty percent (30%) of his/her working time in service of the Vessel.

11. The Vessel was at all relevant times "in navigation" within the meaning of maritime law.

B. The Incident

12. On or about [__/__/____], at approximately [____] hours, while Plaintiff was in the course and scope of his/her employment aboard the Vessel, located at/near [________________________________], the following incident occurred:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

13. As a direct and proximate result of the incident described above, Plaintiff suffered the following injuries:

[________________________________]
[________________________________]
[________________________________]

IV. FIRST CAUSE OF ACTION

Jones Act Negligence (46 U.S.C. § 30104)

14. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

15. Defendant, as Plaintiff's employer, owed Plaintiff a duty to provide a reasonably safe place to work, reasonably safe equipment, and adequate training and supervision.

16. Defendant was negligent in one or more of the following respects:

☐ a. Failing to provide a reasonably safe place to work;

☐ b. Failing to provide reasonably safe appliances, equipment, and tools;

☐ c. Failing to properly maintain the Vessel and its equipment;

☐ d. Failing to provide adequate and competent crew members;

☐ e. Failing to provide adequate training and supervision;

☐ f. Failing to warn of known dangers;

☐ g. Failing to provide a safe system of work;

☐ h. Failing to comply with applicable safety regulations;

☐ i. [________________________________];

☐ j. [________________________________].

17. Defendant's negligence was a cause, in whole or in part, of Plaintiff's injuries and damages.

18. The Jones Act incorporates the provisions of the Federal Employers' Liability Act (45 U.S.C. § 51 et seq.), including that Defendant's negligence need not be the sole cause of Plaintiff's injuries, only a contributing cause, however slight.

V. SECOND CAUSE OF ACTION

Unseaworthiness (General Maritime Law)

19. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

20. Under general maritime law, Defendant owed Plaintiff an absolute, non-delegable duty to provide a seaworthy vessel.

21. The Vessel was unseaworthy in one or more of the following respects:

☐ a. Defective or inadequate equipment, appurtenances, or gear;

☐ b. Defective or dangerous condition of the Vessel;

☐ c. Inadequate or incompetent crew;

☐ d. Unsafe methods or systems of operation;

☐ e. [________________________________];

☐ f. [________________________________].

22. The unseaworthy condition of the Vessel was a proximate cause of Plaintiff's injuries.

23. Liability for unseaworthiness is strict and absolute; Defendant need not have actual or constructive notice of the unseaworthy condition.

VI. THIRD CAUSE OF ACTION

Maintenance and Cure (General Maritime Law)

24. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

25. As a seaman injured in the service of the Vessel, Plaintiff is entitled under general maritime law to maintenance and cure.

26. "Maintenance" consists of a daily living allowance for food and lodging at the reasonable rate of $[____] per day (or such amount as the Court deems appropriate).

27. "Cure" consists of payment for all medical expenses reasonably necessary to treat Plaintiff's injuries until Plaintiff reaches maximum medical improvement ("MMI").

28. Defendant has [☐ failed to pay] [☐ wrongfully terminated] [☐ unreasonably delayed] maintenance and cure benefits to Plaintiff.

29. Defendant's failure to pay maintenance and cure was [☐ willful] [☐ arbitrary] [☐ capricious] [☐ without reasonable justification], entitling Plaintiff to:

a. Compensatory damages;

b. Attorneys' fees; and

c. Punitive damages.

VII. FOURTH CAUSE OF ACTION

Unearned Wages (General Maritime Law)

30. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

31. As a result of the injuries sustained, Plaintiff is entitled to unearned wages through the end of the voyage or the period of his/her employment contract.

32. Plaintiff's unearned wages amount to $[________________] or such sum as may be proven at trial.

VIII. DAMAGES

33. As a direct and proximate result of Defendant's negligence, the Vessel's unseaworthiness, and/or Defendant's failure to pay maintenance and cure, Plaintiff has suffered and will continue to suffer:

a. Physical pain and suffering, past and future;

b. Mental anguish and emotional distress, past and future;

c. Medical expenses, past and future;

d. Lost wages and loss of earning capacity, past and future;

e. Loss of enjoyment of life;

f. Permanent disability and disfigurement;

g. [________________________________].

IX. DEMAND FOR JURY TRIAL

34. Plaintiff hereby demands a trial by jury on all issues so triable pursuant to 28 U.S.C. § 1333(1) (savings to suitors clause) and the Seventh Amendment to the United States Constitution.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Enter judgment in favor of Plaintiff and against Defendant;

B. Award Plaintiff compensatory damages in an amount to be determined at trial, but in no event less than $[________________];

C. Award Plaintiff maintenance at the rate of $[____] per day from [__/__/____] until Plaintiff reaches maximum medical improvement;

D. Award Plaintiff cure, including all reasonable and necessary medical expenses, past and future;

E. Award Plaintiff unearned wages in the amount of $[________________];

F. Award Plaintiff punitive damages for Defendant's willful failure to pay maintenance and cure;

G. Award Plaintiff attorneys' fees and costs of suit;

H. Award Plaintiff pre-judgment and post-judgment interest at the legal rate; and

I. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Plaintiff
Bar No.: [________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Date: [__/__/____]

VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and state:

1. I am the Plaintiff in the above-captioned action.

2. I have read the foregoing Complaint and know the contents thereof.

3. The statements contained in this Complaint are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

______________________________________
[Plaintiff's Signature]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public
My Commission Expires: [__/__/____]

SOURCES AND REFERENCES

• 46 U.S.C. § 30104 (Jones Act): https://www.law.cornell.edu/uscode/text/46/30104
• 28 U.S.C. § 1333 (Admiralty Jurisdiction): https://www.law.cornell.edu/uscode/text/28/1333
• Federal Employers' Liability Act: https://www.law.cornell.edu/uscode/text/45/51
• Legal Information Institute - Jones Act: https://www.law.cornell.edu/wex/jones_act