Pennsylvania Jury Instruction - 6.6.2 Maintenance And Cure

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-6-6-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Pennsylvania Jury Instruction — 6.6.2 Maintenance And Cure refers to a specific legal instruction provided to jurors in Pennsylvania courts regarding the concept of maintenance and cure in maritime law cases. This instruction outlines the rights and obligations of employers to provide maintenance and cure benefits to injured seamen, ensuring they receive necessary medical care and financial support until they have reached maximum medical recovery. Maintenance and cure are essential principles in maritime law that were developed to protect seamen injured or taken ill during the course of their employment. It recognizes the unique risks faced by seamen and aims to provide them with adequate assistance during their recovery process. Under this jury instruction, it is necessary to establish that: 1. The injured person was a seaman employed in a maritime company or vessel. 2. The seaman suffered an injury or fell ill while in service of the vessel, regardless of fault. 3. The injury or illness was causally related to their employment onboard the vessel. 4. The employer failed to provide adequate maintenance and cure benefits as required. The primary purpose of maintenance and cure is to ensure that seamen receive accommodation and sustenance while they are unable to work due to an injury or illness. This may include daily living expenses such as housing, food, and utilities. Additionally, the instruction emphasizes that the employer must cover all reasonable medical expenses related to the injury or illness up until the point of maximum medical recovery. Pennsylvania Jury Instruction — 6.6.2 Maintenance And Cure primarily focuses on guiding jurors to understand the applicable legal standards and principles when addressing maintenance and cure claims in maritime law cases. It helps jurors clarify the rights and responsibilities of both employers and seamen, ensuring a fair trial and just compensation for injured seamen. There may not be different types of Pennsylvania Jury Instruction — 6.6.2 Maintenance And Cure, as it serves as a comprehensive guide for jurors in all cases involving this aspect of maritime law. However, the instruction may be subject to updates or modifications based on changes in the legal landscape or precedents set by higher courts. In summary, Pennsylvania Jury Instruction — 6.6.2 Maintenance And Cure is a legal instruction provided to jurors in Pennsylvania courts regarding the rights and obligations of employers in providing maintenance and cure benefits to injured seamen. It outlines the criteria that need to be met for a seaman to be eligible for these benefits and clarifies the responsibilities of employers. This instruction ensures that both parties involved in maritime law cases understand the legal principles surrounding maintenance and cure, leading to fair and just verdicts.