Maintenance and Cure

Term: Maintenance and CureDefinition: A maritime legal doctrine requiring ship owners to provide medical care and living expenses to seamen injured or ill while in service until they reach maximum medical improvement.Phonetic Pronunciation: (MAIN-teh-nents and KYOOR)Origin: The term originates from maritime law, with "maintenance" deriving from the Old French word "maintenance," meaning support or sustenance, and "cure" from the Latin "cura," meaning care or attention. This doctrine has roots in ancient maritime customs designed to protect seamen, reflecting the hazardous nature of their work.Significance in Asbestos Context: Maintenance and Cure is significant in asbestos litigation involving maritime workers who were exposed to asbestos while working aboard ships. It ensures that these workers receive necessary medical treatment and financial support for asbestos-related diseases, which can have long latency periods and require extensive care.Example Sentence: The plaintiff, a former merchant mariner, sought maintenance and cure from the ship owner after being diagnosed with mesothelioma due to asbestos exposure on the ship.Related Terms: Maritime Law, Jones Act, Longshore and Harbor Workers' Compensation Act, Seaman's Status, Maximum Medical ImprovementNotes: - Maintenance and Cure does not require the seaman to prove negligence on the part of the ship owner. - The obligation continues until the seaman reaches maximum medical improvement, which may be a point of contention in asbestos cases due to the disease's progression. - This doctrine applies specifically to seamen and not to other types of workers.