It's Your Fault, So What?

As a practical matter a worker will win a Jones Act claim regardless of whether or not he is at fault. Choice of law firm to represent you is crucial in whether or not you will win and how much you will win. However, it is necessary to discuss Jones Act statute and case law to help you understand some of the issues that maritime lawyers have to consider and overcome for you to be successful in your Jones Act claim.

Admiralty law uses the comparative negligence standard to determine the amount of responsibility, if any, to place on the injured party for the condition or act that caused the injury or loss. This means that the court will apportion fault on the plaintiff and the defendant and will adjust the award based on this apportionment. One example of comparative negligence is when a seaman is wearing insufficient footwear for icy conditions and slips and falls on ice causing injury. The court would have to decide whether the vessel was responsible for providing appropriate footwear or if it was the responsibility of the seaman to provide his own appropriate footwear. If the court determines that the seaman assumed the risk of proceeding through the icy condition without proper equipment or footwear, or finds that the seaman was responsible for purchasing his own footwear, he will not be barred from recovering under the doctrine of unseaworthiness for having unsafe equipment (his boots) or the Jones Act, but any award he received would be reduced by the percentage of responsibility attributed to the seaman for his actions.

However, some courts have found that a seaman cannot be found contributory negligent if he is simply obeying orders to complete a task in a specific manner. Specifically, a seaman may not be contributory negligent for carrying out orders that resulted in his own injury, even if he recognized the possible danger in proceeding with the task. In the alternative, if a seaman is provided with an order to complete a task and is not instructed in the manner in which the task should be completed, he may be apportioned fault if it is determined that his negligence contributed to his injury and an alternative method of completing the task existed.

A seaman cannot recover under the doctrine of unseaworthiness for a dangerous condition created wholly by his own actions. If a seaman acts negligently and creates a temporary dangerous or unseaworthy condition, and the seaman sustains an injury as a result of the dangerous condition, he cannot recover against the vessel.

Call the lawyers and attorneys at the Ogletree Abbott Law Firm at 1-800-JonesAct as soon as possible after any injury. Do not wait to determine whether or not the injury is serious because you will expose yourself to a more serious injury if you keep on working and you will expose yourself to company representatives and their lawyers with no legal protection from your own lawyer. Whether or not you have decided to hire a lawyer yet, at least call and talk to us over the phone. The conversation will be private, confidential and privileged. No one will know you called us until you give us written permission to notify others. There are situations where we keep your legal representation hidden until the proper time. During this period we help you to avoid making mistakes and guide you towards laying a proper foundation for a successful Jones Act settlement or judgment.

Let Us Help You

No matter where you live, the lawyers and attorneys at the Ogletree Abbott Law Firm can help you get the help you need. If you would like, a lawyer or an attorney can contact you to answer your questions. There is no obligation and the initial phone call is always free of charge. Call toll free 1-800-Jones-Act (1-800-566-3722), or send us an email. Call today for help with your Jones Act or Maritime claims.