Sunday, April 26, 2009

The Jones Act Provides Relief For Injuries At Sea

Injuries that occur while on a ship at sea falls within the category of law known as admiralty or maritime law. In 1958, the United States Congress passed the Jones Act which allows a crew member to recover for injuries resulting from the boat owner’s negligence.

The Jones Act, provides that “[any] seaman who shall suffer personal injury in the course of his employment may at his election, maintain an action for damages at law,…and in such action all statutes of the United States modifying or extending the common-law right or remedy in the cases of personal injury to railway employees shall apply.”

Interestingly, the difference between bringing a cause of action due to an injury on land and due to an injury at sea is that the plaintiff has a minimal burden of proving causation. If, however, the plaintiff brings a claim under general maritime law, the burden is much more substantial. A successful plaintiff will have to prove that his injuries were “proximately caused” by the defendant’s negligence.

Disclaimer: The foregoing is general legal information only and not intended to serve as legal advice or a substitute for legal advice. If you have been injured or damaged while at sea go to www.ContingencyCase.com to see if there is a lawyer or attorney in your local area who is willing to take your case on a contingency fee basis. ContingencyCase.com is an online legal directory that allows Attorneys to advertise their availability to take all kinds of cases on a contingency fee basis (for example personal injury, eminent domain, contract cases, partnership disputes, etc.). Please note there are no guarantees that any attorney or lawyer will take your case. Copyright 2009 ContingencyCase.com – All Rights Reserved.

1 comment:

Jones Act Lawyer said...

Though you have mis-cited the Jones Act, I still think your articles are very interesting. How does one contact the author?