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The Turley & Mara Law Firm, APLC

What do you have to prove in a Jones Act Negligence claim?

“We always use plain English that everyone can understand, with no sugarcoating, no lawyer talk, no double talk. Just old fashioned, unsweetened truth.” Jones Act Lawyer - Bill Turley

Jones Act Attorney Longshore Lawyer Injured Seaman Maritime Law

Research Your Jones Act Seaman Case

The first thing I recommend with all my Jones Act Clients, is no matter what, always tell the truth. Never exaggerate your injury. If you are not honest, then the Judge will throw out your Jones Act Case. Bank on it. I have seen it many times in court. And the one thing I do not like to see, is hard working folks like yourself, ripped off.

The second thing I recommend is to do the proper research with your Jones Act Case. Order my free book, Win Your Injury Case. I have packed the book with vital information for your Jones Act Case.

Experience counts.

How do you prove a Jones Act case?

Common Questions by seriously injured Jones Act Seaman and their families:

How do you prove a Jones Act negligence case?
What are the elements of a Jones Act Negligence case?
How do you prove a Jones Act negligence case? 
What is the burden of proof in a Jones Act negligence case?
What do you have to prove in order to win a Jones Act Seaman Negligence case?

A California Jones Act Lawyer Explains:

JONES ACT NEGLIGENCE CLAIM—ELEMENTS AND BURDEN OF PROOF
(46 U.S.C. § 30104)

To recover under a Jones Act claim, a plaintiff has the burden of establishing by a preponderance of the evidence, negligence on the part of his employer ... and that the act of negligence was a cause, however slight, of his injuries.

According to the
Ninth Circuit Model Civil Jury Instructions you have to prove the following elements:

On the plaintiff’s Jones Act negligence claim, the plaintiff has the burden of proving the following elements by a preponderance of the evidence:

1. the plaintiff was a seaman;

2. the defendant was negligent; and

3. the defendant’s negligence was a cause of the injury or damage to the plaintiff.

If you find the plaintiff has proved the elements on which [he] [she] has the burden of proof, your verdict should be for the plaintiff. If, on the other hand, the plaintiff has failed to prove any of these elements, your verdict should be for the defendant.


Notice Requirement

An employer is only liable under the Jones Act if the employer or its agents either knew or should have known of the dangerous condition. 


"Constructive Notice"

The employer will be charged with "constructive notice" if, in the exercise of reasonable care, they ought to have known about or have discovered the alleged dangerous condition.  The Jones Act employer has a responsibility to inspect the work site in order to provide its employees with a safe working place.

The Jones Act and  the Federal Employers’ Liability Act (FELA)

The Jones Act extends to a seaman the statutory rights accorded railway employees under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, et seq., and courts may look to cases decided under FELA in construing the Jones Act.

 

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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