Until 1920, the general maritime law did not recognize wrongful death
actions for the death of any person in the absence of a statute.
Wrongful death actions had to be based on state wrongful death statutes,
but those statutes extended only so far as the state's territorial
waters. Thus, the families of deceased seamen, or anyone else perishing
at sea, were left without a cause of action or remedy for deaths on the
high seas caused by a breach of one of the duties imposed by general
maritime law.
In 1920, Congress enacted both the Death on High Seas Act ("DOHSA") and the Jones Act.
DOHSA
provided a federal cause of action with uniform remedies where the
states could not. DOHSA applies to deaths of all persons resulting from
actions or omissions occurring more than three miles from the shore of
any state:
whenever the death of a person shall be caused by wrongful
act, neglect, or default occurring on the high seas beyond a marine
league from the shore of any State, or the District of Columbia, or the
Territories or dependencies of the United States, the personal
representative of the decedent may maintain a suit for damages.
(46 U.S.C. §761 (now codified as 46 U.S.C. §30301)).
Courts
in admiralty have construed "wrongful acts" as breaches of the duties
imposed under the general maritime law, including the duty of
seaworthiness owed by shipowner to seamen. In a DOHSA action, the
personal representative of the decedent's estate may recover
compensation for the "pecuniary loss" sustained by the persons for whose
benefit the suit is brought. (46 U.S.C. §762 (now codified at 46 U.S.C.
§30303)).
The Jones Act gives seamen a federal right to recover
from their employers for negligence regardless of the location of the
injury or death. 46 U.S.C. §30104. Congress intended that the Jones Act
contribute to uniformity in the exercise of admiralty jurisdiction. The
Jones Act cause of action is as follows:
A seaman injured in the
course of employment or, if the seaman dies from the injury, the
personal representative of the seaman may elect to bring a civil action
at law, with the right of trial by jury, against the employer. Laws of
the United States regulating recovery for personal injury to, or death
of, a railway employee apply to an action under this section. (46 U.S.C.
§30104)
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