Jones Act Attorney - Jones Act Lawyer I Negligence Per Se Case Study - Crew member Swept By Large Seas Washing Across Deck I We help you with the insurance company. Jones Act Wrongful Death Attorney. We can help today. Call 619-234-2833 or 866-963-0540

Negligence Per Se Case Study - Crew Member Swept By Large Seas Washing Across Deck

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We can help

We help you with the insurance company. We help get you maintenance and cure/ medical treatment. We can help today. Call 619-234-2833 or 866-963-0540


You have to believe it won't happen to you


We know the only way you sail away from the dock each time is to believe that it won't happen to you. That it only happens to Seaman that aren't careful and that isn't you. When it does happen to you, you need help. We have been helping seaman get their health back and their life back since the 1980's. We can help you too. Bill Turley

Crew member washed across deck


It's not what peaple say about themselves ... it is what other people say about them that you should consider...


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Jones Act Attorney - Bill Turley

Jones Act Lawyer - Bill Turley


Seaman Swept By Large Seas Washing Across Deck

Negligence per se case study - Seaman Swept By Large Seas Washing Across Deck


A Cargo vessel has a two-course rail. A Seaman falls though the rail when the vessel runs into very large seas. The surging seams literally wash the Seaman through the deck rails. He falls from one deck to another, and barely keeps from being swept over the side by the surging seas.

46 C.F.R. 92.25-5 requires all vessels subject to subchapter I of the Coast Guard regulations, which pertains to cargo vessels, to have three-course guard rails "[a]t exposed peripheries of the freeboard and superstructure decks." The Seaman asserts that the vessel was negligent per se because at the time of his injury its upper deck had a two-course rail.

To prevail on this theory the Seaman must show:

1. A regulatory violation,
2. Membership in the class of intended beneficiaries,
3. An injury of the type the regulation at issue seeks to prevent,
4. Absence of excuse for the violation, and
5. Causation.

Here, the injured Seaman is certainly in the class of intended beneficiaries. He sustained injures (trauma due to falling), which the regulation intended to prevent. And the absence of the third rail was a cause of his injury.


Disclaimer:

The foregoing is a Seaman Injury case study. It is not legal advice. Any resemblance to actual events, persons and/or vessels is purely coincidental. I am simplistic in order to achieve clarity. Each Jones Act and Seaman accident case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your Jones Act Seaman accident case will have a similar result as discussed in this Seaman injury case study.


Deck Wash

Jones Act Attorney Straight Talk: Negligence Per Se Case Study - Seaman Swept By Large Seas Washing Across Deck


Use Our Website To Help Win Your Case

We have hundreds of pages of relevant, useful information to help you understand the issues in your Jones Act case and to make the right decisions. Chances are we have relevant useful information about almost any Seaman or Jones Act subject you are researching.


Helping You Make The Tough Decisions

The Jones Act lawyers at The Turley Law Firm understand how devastating a serious vessel injury can be. You are immediately thrust into a situation you didn't ask for and certainly didn't expect. Your life has been disrupted. It can be very stressful. The decisions you make regarding your serious injury case may affect you for the rest of your life. Where to turn to? What to do?

The Seaman lawyers at The Turley Law firm have been helping crew members just like you since the 1980's. Bill Turley has been teaching other lawyers how to handle Jones Act cases since the 1990's. Bill is regularly published in prestigious legal publications and he lectures / teaches other lawyers about Jones Act law. He has been teaching other lawyers because he knows how to help seriously injured Seaman and their families survive and successfully win their vessel injury cases.


Bad Weather

Bad Weather - Jones Act Lawyer


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The Turley Law Firm
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Phone: (619) 234-2833
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The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.


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