How do passenger rights differ from those of crewmembers?
When it comes to maritime law in Virginia, passenger rights differ from those of crewmembers. Passengers aboard a vessel are often considered to be more of a consumer than a worker, whereas crewmembers are typically classified as employees. Passengers have a right to sue for negligence when something goes wrong. Crewmembers have the same right, but the process can be much more complicated for them. They must prove that their employer’s negligence caused their injury and that the injury was foreseeable. Passengers don’t have to prove foreseeability. Passengers are also exempt from certain statutes, such as the Jones Act, which is a maritime statute providing crewmembers with specific rights. This act does not apply to passengers, so passengers have no legal recourse if the vessel’s crew members are not provided with adequate medical care or if their working conditions are unsafe. In terms of compensation, passengers are entitled to recover more than crewmembers in the event of physical injuries or wrongful death. This is because a passenger’s personal injuries typically result in a substantial loss of enjoyment of life or activity, whereas a crewmember’s injuries may not. In summary, the rights of passengers and crewmembers aboard a vessel are different because passengers are typically viewed as consumers, whereas crewmembers are viewed as employees. Passengers can sue for negligence and recover more compensation than crewmembers. Passengers are not subject to the Jones Act, while crewmembers are.
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