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Merchant Seaman Protection and Relief
46 USCS Appx § 688 (2002) Title 46. Appendix. Shipping Chapter 18.


Merchant Seaman Protection and Relief
46 USCS Appx § 688 (2002) Title 46. Appendix. Shipping Chapter 18.

(a) Application of railway employee statutes; jurisdiction. Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.

(b) Limitation for certain aliens; applicability in lieu of other remedy.

(1) No action may be maintained under subsection (a) or under any other maritime law of the United States for maintenance and cure or for damages for the injury or death of a person who was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action, if the incident occurred-

(A) while that person was in the employ of an enterprise engaged in the exploration, development, or production of offshore mineral or energy resources--including but not limited to drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces; and

(B) in the territorial waters or waters overlaying the continental shelf of a nation other than the United States, its territories, or possessions. As used in this paragraph, the term "continental shelf" has the meaning stated in Article I of the 1958 Convention on the Continental Shelf.

(2) The provisions of paragraph (1) of this subsection shall not be applicable if the person bringing the action establishes that no remedy was available to that person-

(A) under the laws of the nation asserting jurisdiction over the area in which the incident occurred; or

(B) under the laws of the nation in which, at the time of the incident, the person for whose injury or death a remedy is sought maintained citizenship or residency.



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We have a State Wide Maritime Practice. Meaning we are asked to represent people injured in boating accidents and ship accidents across California and the World.

The Turley Law Firm Lawyers accept cases in the following locations in California: Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Catalina Island, Bodega Bay, Bethel Island, Half Moon Bay, Eureka, Avalon,  Escondido, Alameda, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Ventura, Ventura Harbor, Marina del Ray, Morro Bay, Inglewood, Santa Clara, Pacific Ocean,  Port of Los Angeles, Port of Long Beach , Port of San Pedro, Santa Barbara, Santa Barbara Channel, San Clemente Island,  San Joaquin River, San Francisco Harbor, San Francisco Bay, Stockton, Port of Stockton, Port of Sacramento, Port San Luis, California Delta, Lake Tahoe, Colorado River, Port of San Diego, Sausalito, Santa Cruz, San Pedro,  San Diego Harbor, Stockton, Oceanside Harbor, Catalina Island, Dana Point, Newport Harbor, Ventura Harbor, Port Hueneme, Vallejo, Crescent City, Yuba City, Wilmington, and the Channel Islands, and the navigable waterways of the the United States and the navigable waters of California.

The Turley Law Firm handles all type of boat and ship accidents and we are boat accident lawyers, including Jones Act lawyers , unseaworthiness lawyers, boat negligence lawyers, maintenance and cure lawyers,  cruise ship lawyers, recreational boating lawyers, boat accident lawyers, ship accident lawyer, boat collision lawyer, ship collision lawyer, barge accident lawyer, barge lawyer, derrick attonrey, floating work platform lawyer,  PWC accident lawyer, personal watercraft accident lawyer, sailboat accident lawyer, water ski accident lawyer , sailing accident lawyer,  tanker lawyer, offshore lawyer,  and river accident lawyers. Jones Act Lawyer , Jones Act Attorney , Boating Accident Lawyer , Boating Accident Attorney , Maritime Lawyer , Maritime AttorneyLongshore Act Lawyer , Longshore Act Attorney .

 

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The Turley Law Firm
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San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540


The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, CoronadoDel Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.


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