Posted by: rzehl
January 20, 2009
Topic: The Jones Act

Due to what some saw as an increase in the filing of Jones Act cases in four specific counties in south Texas, HB 1602 was signed into law by Texas Governor Rick Perry on May 24, 2007. Essentially, HB 1602 revokes the special venue option that had previously been available to injured Jones Act seamen. Under this special venue option, Jones Act seamen, following an injury, were able to file suit in the county where they had resided during that injury. The advantages of this were numerous and included close proximity to one's family during trial, local doctors and a local jury pool.

HB 1602 changes the venue options available to an injured seaman and removes the home venue option in certain cases. This bill was the result of a compromise and was originally even worse. Its initial intent was to force most injured Texas seamen to file suit in their employers' county of residence. This would have placed an undue burden on injured Texas seamen and would have made litigation exceedingly difficult for any injured Jones Act plaintiff.

HB 1602 designated the counties of Galveston and Harris as permissible venues for certain Jones Act cases originating outside of the state, without any regard to the plaintiff's county of residence. In addition, the bill gives dredge companies special venue protection as well as protection from being sued by any of their south Texas employees in a south Texas county.

Regarding non-dredge laborers, special venue rules have been enacted by HB 1602 dependent upon the work being performed at the time of the injury as well as the location where said injury occurred. The general venue rule, under HB 1602, provides for two venue options: the Texas county in which the employer's principal office is located or the plaintiff's county of residence at the time of the incident.

For injuries occurring onshore, inland, or during an erosion management project, venue is proper either in the county in which all or a substantial portion of the events giving rise to the claim occurred or in the Texas county where the defendant's principal office is located.

For inland, onshore or dredge worker/erosion project injuries that occur outside the state of Texas, there exist four venue options. First, venue would be proper in the county of defendant's principal office, so long as that county is a coastal county. A coastal county merely refers to a county that contains a United States Customs port, through which maritime freight is shipped. Second, venue would be proper in Harris County if the plaintiff had lived anywhere except for Galveston at the time of the incident. Third, Galveston would be proper, so long as the plaintiff does not live in Harris County. Lastly, if the defendant does not have a principal office in the state of Texas that lies within a coastal county, venue would be proper in the plaintiff's county of residence at the time of the incident in question.

As is obvious, these new regulations will undoubtedly result in an increase in Jones Act suits filed in Galveston and Harris Counties. They may also cause some dredge workers to have to travel a great distance to litigate their claims, resulting in added time and expense.

If you or a loved one has been injured offshore contact the experienced Jones Act attorneys of Fitts Zehl, LLP by phone at (713) 491-6064 or by email at gulfcoastmaritimelawyer.com.

HB 1602: The End of the Home Venue Option?

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