Texas Maritime, Jones Act & Offshore Gulf Coast Injury Law (Port of Houston, Galveston & Corpus Christi)
Governing Texas Statutes & Controlling Appellate Precedent
46 U.S.C. § 30104 (The Jones Act — Seaman's Negligence Cause of Action) 33 U.S.C. §§ 901–950 (Longshore and Harbor Workers' Compensation Act — LHWCA & § 905(b) Vessel Negligence) 46 U.S.C. § 30106 (3-Year Uniform Statute of Limitations for Maritime Torts) Tex. Civ. Prac. & Rem. Code § 71.051 (Texas Forum Non Conveniens & Maritime Venue Rules)
Leading Texas Supreme Court & Appellate Decisions:
- Chandris, Inc. v. Latsis, 515 U.S. 347 (1995) (30% Rule of Thumb for Jones Act Seaman Status)
- Helix Energy Solutions Group, Inc. v. Hewitt, 598 U.S. 39 (2023)
Overview of Texas Law & Liability Framework
With deepwater ports in Houston, Galveston, Texas City, Beaumont/Port Arthur, Freeport, Corpus Christi, and Brownsville, plus offshore Gulf of Mexico drilling rigs and Intracoastal Waterway tug/barge fleets, Texas state and federal courts handle one of the nation's largest dockets of Jones Act and maritime personal injury claims.
Key Texas Statutory Rules & Liability Standards
- Three-Year Maritime Statute of Limitations (46 U.S.C. § 30106): Unlike Texas land-based torts (which expire in 2 years under CPRC § 16.003), a Jones Act or general maritime personal injury claim carries a uniform 3-year federal statute of limitations.
- Jones Act 'Featherweight' Causation Standard: A qualifying seaman (one who spends at least 30% of their working time in service of a vessel or identifiable fleet of vessels in navigation under Chandris v. Latsis) suing their employer under the Jones Act need only prove that the employer's negligence played 'any part, even the slightest' in producing the injury.
- Unseaworthiness & Absolute Cure/Maintenance: Separate from Jones Act negligence, a vessel owner owes seamen an absolute, non-delegable duty to provide a seaworthy vessel and crew, plus daily 'Maintenance and Cure' benefits (room/board and medical expenses until Maximum Medical Improvement) regardless of fault.
- Pure Comparative Negligence (No 51% Bar!): Under federal maritime law and the Jones Act, Texas's 51% bar (CPRC § 33.001) does NOT apply; instead, pure comparative negligence governs, meaning even a seaman found 75% at fault recovers 25% of their damages, and cases filed in Texas state court under the 'Saving to Suitors' clause cannot be removed to federal court solely on admiralty jurisdiction.
Texas Court Procedure, Crash Reporting & Evidentiary Deadlines
Under Tex. Civ. Prac. & Rem. Code § 15.0181, Texas enforces specific venue rules for Jones Act suits filed in Texas state courts, generally requiring filing in the county where the injury occurred, the county of the defendant's principal Texas office, or the county where the plaintiff resided at the time of injury.
Compensatory & Exemplary Damages Available Under Texas Law
Maintenance and cure (plus punitive damages for willful failure to pay cure under Atlantic Sounding v. Townsend), Jones Act/unseaworthiness past and future lost earnings, medical expenses, pain and suffering, and LHWCA § 905(b) vessel-negligence damages for harbor workers.
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