“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”- Bill Turley
Nothing is more important than your credibility to the judge then telling the truth. Do not sugar coat anything. You must be brutally honest when handling your Jones Act Case. A judge will throw out your case before you know it if he believes you are not being honest. Trust me, I have seen it time and time again. No matter what, always tell the truth.
When handling your Jones Act Case, you need to do the proper research and take the proper steps. What forms you fill out, how to present your case and much more important information are included in my free book, Win Your Injury Case: The Ultimate No B.S. Guide To Avoiding Insurance Company Tricks That Ruin Your Case [Even Before you Hire a Lawyer]
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Most sailors don’t think twice about the tools they need to do their jobs. There are so many dangers aboard the ship, such as falling into open hatches or being swept overboard, that many sailors accept the hazards of using tools as a fairly low risk.
Unfortunately, injuries often occur when employers provide defective tools for use at sea—or in some cases, do not provide adequate tools at all. Ship owners are legally bound to provide safe equipment, and since employees are bound to use the tools provided for them, they are able to recover for injuries that result from unsuitable equipment.
Jones Act seamen can recover for an injury due to unsafe tools under the following guidelines:
- Lack of proper tools. A court may consider the provision of safe tools necessary to both a seaman’s work and safety, and seamen who are not furnished with the tools they need to do their jobs may be able to file unseaworthiness claims as well as collect injury compensation.
- Defective or broken tools. Ship owners have a duty to regularly inspect their vessels for unsafe or outdated equipment, as well as respond to reports of defective equipment, in order to avoid injuries. If a ship owner failed to replace tools or equipment that were known to be defective, a sailor may be able to file a negligence claim.
- Simple tool rules. Some courts have held that ship owners cannot be found negligent if simple tools are defective, since ship owners do not have a duty to inspect simple tools for defects. However, this does not apply if the ship owner caused or contributed to the defect, such as providing tools that had been improperly repaired.
How the Tools Provided Affect Your Jones Act Injury Claim
While a ship owner has a duty to supply workers with the tools they need to do their jobs, the owner cannot usually be held liable for failing to provide the very best tools available. Simply put, a ship owner does not need to provide the very best or latest models of equipment, as long as the tools provided are reasonably safe and allow employees to complete their work. If you need more answers on your Jones Act accident, please use our website to learn how to investigate the circumstances of your accident and file your injury claim.