Thomas C. Fitzhugh III, left, and John Schwambach, right, are partners in the Houston office of Schouest, Bamdas, Soshea & BenMaier. Courtesy photos A Seaman by Any Other Name
Personal injury lawyers have haggled for two centuries to create a workable definition of "seaman" for their personal injury cases. Despite myriad cases over this time, the U.S. Supreme Court has never defined the word.
May 04, 2021 at 06:06 PM
6 minute read
Personal Injury
Personal injury lawyers have haggled for two centuries to create a workable definition of "seaman" for their personal injury cases. Despite myriad cases over this time, the U.S. Supreme Court has never defined the word. Congress has been silent also. This has left the definition to the lower courts, and they have struggled with the word. The Supreme Court's most recent forays into the issue have focused on what is a vessel and in defining who is a longshoreman and thus not a seaman. See, e.g., Lozman v. City of Riviera Beach, 568 U.S. 115 (2013); Harbor Tug & Barge v. Papai, 520 U.S. 548 (1997). Attention has so focused on the definition of "seaman" in Jones Act cases that most have overlooked the definition of the word "seaman" in the Fair Labor Standards Act, which is more restrictive than that commonly used in personal injury cases.
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