Jones Act - Negligence and Unseaworthiness - General Instruction (Comparative Negligence Defense)

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-8-1
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions The Jones Act — Negligencseaworthinessss— - General Instruction (Comparative Negligence Defense) is a federal law that provides a legal remedy for seamen injured while in the service of their vessel. It allows seamen to bring a lawsuit against their employer or the vessel owners for damages resulting from negligence and/or seaworthiness. Under the Jones Act, a seaman is entitled to bring a negligence claim against their employer or the vessel owner if the employer or vessel owner failed to act with reasonable care, resulting in a seaman's injury. Negligence may include, but not be limited to, improper maintenance of the vessel, failure to provide adequate safety equipment, or failure to properly train the crew. Seaworthiness claims involve an allegation that the vessel was not reasonably fit for its intended use, resulting in a seaman's injury. Examples of seaworthiness claims may include, but are not limited to, the vessel being structurally unsound, the vessel not having adequate safety equipment, or the vessel being improperly staffed or supplied. The Jones Act requires that employers and vessel owners act with reasonable care in order to protect their seamen from injury. If the employer or vessel owner fails to do so, then they may be liable for any resulting injuries. Additionally, if the employer or vessel owner is found to be negligent or the vessel is found to be unseaworthy, then the seaman may be able to recover damages for their injuries. The Jones Act provides for a defense known as comparative negligence. Under this defense, a seaman's damages may be reduced by the percentage that the seaman's own negligence contributed to their injury. In the event of an injury, the Jones Act — Negligence anSeaworthinessss — General Instruction (Comparative Negligence Defense) can provide a legal remedy for seamen who have suffered damages due to the negligence or seaworthiness of their employer or vessel owner. The comparative negligence defense may reduce the amount of damages a seaman is able to recover, depending on the percentage of their own negligence that caused the injury.

The Jones Act — Negligencseaworthinessss— - General Instruction (Comparative Negligence Defense) is a federal law that provides a legal remedy for seamen injured while in the service of their vessel. It allows seamen to bring a lawsuit against their employer or the vessel owners for damages resulting from negligence and/or seaworthiness. Under the Jones Act, a seaman is entitled to bring a negligence claim against their employer or the vessel owner if the employer or vessel owner failed to act with reasonable care, resulting in a seaman's injury. Negligence may include, but not be limited to, improper maintenance of the vessel, failure to provide adequate safety equipment, or failure to properly train the crew. Seaworthiness claims involve an allegation that the vessel was not reasonably fit for its intended use, resulting in a seaman's injury. Examples of seaworthiness claims may include, but are not limited to, the vessel being structurally unsound, the vessel not having adequate safety equipment, or the vessel being improperly staffed or supplied. The Jones Act requires that employers and vessel owners act with reasonable care in order to protect their seamen from injury. If the employer or vessel owner fails to do so, then they may be liable for any resulting injuries. Additionally, if the employer or vessel owner is found to be negligent or the vessel is found to be unseaworthy, then the seaman may be able to recover damages for their injuries. The Jones Act provides for a defense known as comparative negligence. Under this defense, a seaman's damages may be reduced by the percentage that the seaman's own negligence contributed to their injury. In the event of an injury, the Jones Act — Negligence anSeaworthinessss — General Instruction (Comparative Negligence Defense) can provide a legal remedy for seamen who have suffered damages due to the negligence or seaworthiness of their employer or vessel owner. The comparative negligence defense may reduce the amount of damages a seaman is able to recover, depending on the percentage of their own negligence that caused the injury.