A vessel must be fit for the use anticipated and must be able to withstand expected seasonable weather in the area where it is used. See Lies v. Plaintiff has the burden of proving damages by a preponderance of the evidence. The collateral source rule applies in cases brought under the Jones Act. The last paragraph of the instruction outlines damages that are unique to the Jones Act.
Maintenance is the cost of food and lodging, and transportation to and from a medical facility.
The injury or illness need not be work-related so long as it occurs while in the service of the vessel. Plaintiff is entitled to receive maintenance and cure from the date of departure from the ship to the time of maximum possible cure under the circumstances. There can be no double recovery for plaintiff. The shipowner's duty to provide maintenance and cure arises irrespective of whether the illness or injury is suffered in the course of the seaman's employment, and negligence on the seaman's part will not relieve the shipowner of responsibility. A plaintiff may not recover for maintenance and cure where the injury or illness results from the plaintiff's own willful misbehavior.