Posted by: rzehl
March 31, 2009
Topic: The Jones Act

In the aftermath of an accident, many unsettling thoughts can race through an injured seaman's mind. How did this happen? What if the accident was partially my fault? How will I recover money for my damages?

According to the doctrine of contributory fault, when a defendant alleges that a seaman contributed to his own injury, the burden of proof rests on that defendant. A seaman only has a slight duty to exercise care in protecting himself while working. This means that the following demonstrations against an injured seaman are insufficient to prove contributory fault:

•· Plaintiff knowingly accepted working under dangerous conditions;

•· Plaintiff followed his employer's instructions, express or implied, that he perform a dangerous job, or work in a dangerous place or under unsafe conditions;

•· Plaintiff carried out orders that resulted in his injury even though he recognized the dangers involved.

As you can see, it takes more than just a simple showing of a seaman's willingness to please his boss in order to prove contributory fault. The defendant must actually prove that the plaintiff was injured due to his own decisions. For example, plaintiff may be found to be contributorily negligent if he chose to perform a work-related task in a manner that exposed him to the risk of serious injury even though a safer alternative was reasonably available to him.

If you or someone you know has been injured offshore, contact the experienced Texas Jones Act attorneys at Fitts Zehl by phone (713) 491-6064 or email info@gulfcoastmaritimelawyer.com. We have the knowledge and expertise necessary to handle your maritime injury claim. We will not rest until those responsible for your offshore injuries are held accountable. We proudly represent Jones Act clients from throughout the Gulf Coast region including: Houston, Galveston, New Orleans and Houma.

Jones Act-What if I Contributed to my Injury?

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