In Kernan v. American Dredging Co., the United States Supreme Court categorically rejected negligence as a test of liability under the Jones Act. Thus, for the first time the Court has stated what has been apparent for some time: that proof of negligence, in the common-law sense of the term, is no longer necessary to recover in a Jones Act suit. This Comment will attempt to trace the gradual erosion of tort theory as the standard and the re-establishment of what now seems to be liability without fault. A constitutional problem raised by this trend has not as yet been extensively discussed in court opinions.
Douglas M. Fryer,
The Jones Act: The Employer as an Insurer; Constitutional Aspects,
34 Wash. L. Rev. & St. B.J.
Available at: https://digitalcommons.law.uw.edu/wlr/vol34/iss1/5