17.01 Explanatory: Negligence Claim Under the Jones Act is a type of maritime law that allows a seaman to sue their employer for damages as a result of their employer’s negligence. This type of claim is brought under the Merchant Marine Act of 1920, more commonly known as the Jones Act. The Jones Act provides a seaman the right to sue for damages for any personal injury that results from the employer’s negligence. The types of damages that can be claimed under the Jones Act include pain and suffering, medical expenses, lost wages, and other related expenses. The seaman must prove that the employer was negligent in order to collect damages. This includes showing that the employer did not provide a safe working environment, did not provide adequate training to the seaman, or did not properly maintain the vessel.
17.01 EXPLANATORY: NEGLIGENCE CLAIM UNDER THE JONES ACT
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WHAT IS JONES ACT NEGLIGENCE. Under the Jones Act, an employer owes its crewmen a reasonably safe place to work. Your employer owes you a duty to use reasonable care to prevent your injury. Negligence is the failure to do something that a reasonably prudent person would do, or not do, under similar circumstances.
Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm. Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve.
Damages Available Under the Jones Act Under the Jones Act, an injured seaman is entitled to recover damages for: lost earnings and lost earning capacity. past, present, and future, medical expenses, and. past, present, and future, pain, suffering, and mental anguish.
Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm.
Unlike other types of personal injury claims, however, Jones Act claims have what is considered to be a "featherweight" burden of proof. This means that a judge or jury only has to be convinced that the employer's action or lack of action played a role?no matter how small?in causing the plaintiff's injury.
Negligence claims must prove four things in court: duty, breach, causation, and damages/harm.
What is a claim in negligence? Negligence is a tort and actionable in the civil courts. Essentially, negligence is typically the failure to act with due care causing harm to someone else. Harm can include personal injury, damage to property, and economic loss.
Identifying the Four Tort Elements The accused had a duty, in most personal injury cases, to act in a way that did not cause you to become injured. The accused committed a breach of that duty. An injury occurred to you. The breach of duty was the proximate cause of your injury.