Jones Act Vessel

Jones Act vessel status may seem simple to determine, but it has been a source of controversy in the courts. Conventional vessels such as cargo ships, barges, tugboats and cruise ships are easily distinguishable as “vessels”. However, as the maritime industry has changed, the definition of a vessel has expanded to include special purpose vessels such as jack-up and semi-submersible rigs, mobile offshore drilling units, dredges, and even pontoon rafts.  In a 2005 Supreme Court decision, a new definition of a vessel emerged.  The Court stated that the term vessel “includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”  (Stewart v. Dutra Construction Co., 125 S. Ct. 1118, 1128 (2005)).

Under the Supreme Court’s definition, the lower courts have reconsidered the guidelines used to find vessel status for the Jones Act.  Several courts previously ruled that unpowered floating structures were not Jones Act vessels, but the 2005 Supreme Court decision changed the rules so that it was no longer required that a vessel be self-propelled.  Under the new rules, even a floating dormitory is a Jones Act vessel. So if you have been injured while working on the water, you should consult with an experienced maritime attorney to determine if you qualify for coverage under the Jones Act.

See also:

• Jones Act Seaman
• Jones Act Rights

If you have been injured, contact us to speak with one of our attorneys.  Initial consultation is free.  We have answers and we can help.