17.40 ELEMENTS OF CLAIM: NEGLIGENCE CLAIM UNDER THE JONES ACT

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Damages
• State: Multi-State
• Control #: US-8THCIR-JURY-17-40
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 17.40 ELEMENTS OF CLAIM: NEGLIGENCE CLAIM UNDER THE JONES ACT refers to a legal claim based on the Jones Act, a federal maritime law that provides seamen with the right to sue their employers for negligence. Generally, for a successful claim under the Jones Act, the claimant must prove four elements: (1) that the employer owed the claimant a duty of care; (2) that the employer breached that duty of care; (3) that the breach of duty caused the injury; and (4) that the injury resulted in damages. Depending on the circumstances, there may be other elements required for a successful claim. For example, if the employer disputes that the claimant was acting as a seaman at the time of the injury, the claimant must also prove that he or she was in fact a seaman.

17.40 ELEMENTS OF CLAIM: NEGLIGENCE CLAIM UNDER THE JONES ACT refers to a legal claim based on the Jones Act, a federal maritime law that provides seamen with the right to sue their employers for negligence. Generally, for a successful claim under the Jones Act, the claimant must prove four elements: (1) that the employer owed the claimant a duty of care; (2) that the employer breached that duty of care; (3) that the breach of duty caused the injury; and (4) that the injury resulted in damages. Depending on the circumstances, there may be other elements required for a successful claim. For example, if the employer disputes that the claimant was acting as a seaman at the time of the injury, the claimant must also prove that he or she was in fact a seaman.