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Election of Remedies

According to 46 USCS § 30104, 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.   The purpose of § 30104 was to make certain that injured seaman, instead of suing in admiralty, could at his or her option assert cause of action for personal injuries in federal court in action at law regardless of diversity of jurisdiction.  The above provision allows U.S. seamen to bring actions against ship owners based on claims of unseaworthiness or negligence.  Common international maritime law does not consider claims of unseaworthiness or negligence.

Inside Election of Remedies