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Jones Act Assumption of Risk vs. Contributory Negligence - “But I was only following orders.”



Research Your San Diego Jones Act Accident

This website provides information for employees who injured in Jones Act accidents. We provide vital information so you can make informed decisions regarding your California Jones Act Accident Case.

Our San Diego Jones Act Accident Lawyers have packed this website with hundreds of pages of free information, which we constantly update. Use our website to research your Jones Act Accident case. You will see that we have an assortment of informative and relevant California Jones Act Accident articles.


Jones Act Assumption of Risk vs. Contributory Negligence
"But I was only following orders."


Although there is some overlap between assumption of risk and contributory negligence, generally the two defenses are not interchangeable. An employee's voluntary, knowledgeable acceptance of a dangerous condition that is necessary for him/ her to perform their duties constitutes an assumption of risk. This is not a valid defense under the Jones Act. You employer can not argue or imply that you assumed the risk because you took the job.

Contributory negligence, in contrast, is a careless act or omission on the worker's part tending to add new dangers to conditions that the employer negligently created or permitted to exist.

Defenses once embraced substantially within the concept of assumption of risk are barred under the Jones Act and may not be revived in the form of contributory negligence. Where an act of alleged contributory negligence is but the practical counterpart of assumption of risk, it does not constitute a defense.

Generally, where an employee acts [in] obedience to a direct order of supervisor / superior , he is not negligent. In most circumstances, even knowledge and appreciation of the danger will not be sufficient to charge the worker with negligence when acting in obedience to a direct command.


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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, CoronadoDel 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.

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