The unseaworthiness-based death action at issue in that case was entirely a creature of federal common law, and it is hard to see how providing more generous damages for this action either directly conflicts or poses an obstacle to Congress's decision to limit the remedy for DOHSA
and Jones Act actions to pecuniary damages.
This article puts DOHSA
in historical context, and argues for parity between federal maritime wrongful death elements of damage and those prevailing in the states.
Higginbotham, (65) as well as his further call to use Louisiana law to supplement the Outer Continental Shelf Lands Act ("OCSLA") and DOHSA
in Offshore Logistics, Inc.
210) The Jones Act and DOHSA
only provide recovery for
nor the Jones Act apply to wrongful death actions
claims are subject to the Limitation Act, which states that liability releases are invalid.
Because of DOHSA
, the Joneses and the families of the 10 other workers killed in the explosion face severe limitations on what they can recover.
, the Jones Act permits recovery for the decedent's pain and suffering and medical costs, in addition to recovery for the pecuniary losses suffered by the decedent's beneficiaries, and grants the right to a jury trial.
The purpose of Congress in enacting DOHSA
was to eliminate the "disgrace" of The Harrisburg and to "bring our maritime law into line with the laws of those enlightened nations which confer a right of action for death at sea.
will no longer apply, but other applicable law will.
The House of Representatives has passed a bill which would allow other legal remedies to supplement the DOHSA
In Dooley, the Court standardized the law of maritime death cases, holding that there can be no action under general law for something that is disallowed under DOHSA