Jones Act-Proving Negligence

Posted by: rzehl
April 14, 2009
Topic: The Jones Act

Following an offshore injury, it becomes necessary to establish employer negligence in order to recover under the Jones Act. The burden of proving negligence rests squarely on the plaintiff. Fortunately, in Jones Act cases, only a small amount of evidence is necessary to uphold a finding of negligence under the given facts. Additionally, in Jones Act cases, the employer may not utilize any common law defenses and for all intents and purposes the determination rests solely upon whether or not employer negligence played even the slightest role in the incident that is the basis of the suit. The burden of the seaman is considered met, and the obligation of the employer to pay damages manifests, when there is the slightest proof, even if it is entirely circumstantial, to persuade the jury that the employer was in any way negligent.

The theory of assumed risk, where the Plaintiff knowingly undertakes a dangerous duty, may not be relied upon as a defense in an action under the Jones Act. In addition, contributory negligence, the idea that the Plaintiff contributed to his own injury, does not operate as a defense to a suit under the act. Instead, it may only serve as a factor to be considered by the jury in reducing the amount of damages that will be recoverable.

However, as is illustrated by the case of Diamond Offshore Management Co. v. Guidry, 171 S.W.3d 840 (Tex. 2005), there are certain circumstances under which you would not be able to recover for your injuries. In this case, a seaman acted inappropriately while on shore leave and became intoxicated. Because of his course of conduct prior to being injured he was deemed to be outside the scope of his employment and thus precluded from collecting damages under the Act.

If you or someone you know has been injured offshore contact the experienced Texas and Louisiana Jones Act attorneys at Fitts Zehl. We have the resources and expertise necessary to get you the money you deserve. Contact us today by phone (713) 491-6064 or email info@gulfcoastmaritimelawyer.com.

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