The New Orleans Jones Act attorneys at The Young Firm maintain a legal blog about topics that affect seamen in the Gulf of Mexico. Learn more about your rights!

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Maritime Law

10/6/2009
Timothy J. Young
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What is the “Death on the High Seas Act”?

 
The Death on the High Seas Act (DOHSA) passed in 1920 to help widows of seamen recover damages for their husband’s future earnings when deaths occurred in international waters.  It now provides recovery for the death of any person that is caused by negligence or a wrongful act more than three miles from a U.S. shore.  Claims may be filed by husbands, wives, parents, or children of the deceased.
  
Common causes for DOHSA cases include:
  
• Capsizing or sinking of a vessel at sea
• Fire or explosion at sea
• Inadequate maintenance or unseaworthiness
• Faulty heavy equipment
• Improper handling of cargo
• Improper training of vessel personnel
• Failure to provide prompt and/or adequate medical care in an emergency
  
It is important to know that claims under DOHSA can be extremely limited.  Cruise ship companies and other defendants use DOHSA to their advantage to limit the damages for which they are liable.  There is also a three year time limit for DOHSA suits.
  
Death on the High Seas Act cases and cases of wrongful maritime death can be extremely complicated.  If a family member has died while at sea, there are numerous maritime laws that might be relevant.  The lawyers at The Young Firm have strong backgrounds in maritime law and have successfully handled many DOHSA claims.  Contact our Gulf Coast maritime lawyers at 866-938-6113 for a free consultation.



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