Blog 
Jones Act Seaman
- Best San Diego Jones Act Accident Attorney
- California Jones Act Lawyer - What is the Maritime Adminstration?
- HONEST JONES ACT ATTORNEY IN SAN DIEGO
- Mexico Jones Act Attorney: Seaman Injuries Occurring in Mexico
- Mexico Jones Act Attorney: Seaman Injuries Occurring in Mexican Waters
Library
Jones Act Seaman
What do you have to prove in a Jones Act Negligence claim?
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.
Additional Jones Act information:
What is a Jones Act case?
The Jones Act
Who is a Jones Act Seaman? (Seaman Status)
What is Jones Act Maintenance and Cure?
What is Maintenance under the Jones Act?
What is negligence under the Jones Act?
What do you have to prove in a Jones Act negligence claim?
What is unseaworthiness?
How does the law define unseaworthiness?
How do I prove the vessel was unseaworthy?
If you are a seriously injured Jones Act Seaman, how are you going to support your family?
Some Jones Act “truths”
Are you a Seaman with a Personal Injury Claim or the family of a Seaman with a Death Claim?
The Turley Law Firm Lawyers accept cases in the following locations in California: Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Catalina Island, Bodega Bay, Bethel Island, Half Moon Bay, Eureka, Avalon, Escondido, Alameda, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Ventura, Ventura Harbor, Marina del Ray, Morro Bay, Inglewood, Santa Clara, Pacific Ocean, Port of Los Angeles, Port of Long Beach , Port of San Pedro, Santa Barbara, Santa Barbara Channel, San Clemente Island, San Joaquin River, San Francisco Harbor, San Francisco Bay, Stockton, Port of Stockton, Port of Sacramento, Port San Luis, California Delta, Lake Tahoe, Colorado River, Port of San Diego, Sausalito, Santa Cruz, San Pedro, San Diego Harbor, Stockton, Oceanside Harbor, Catalina Island, Dan Point, Newport Harbor, Ventura Harbor, Port Hueneme, Vallejo, Crescent City, Yuba City, Wilmington, and the Channel Islands, and the navigable waterways of the the United States and the navigable waters of California.
The Turley Law Firm handles all type of boat and ship accidents and we are boat accident lawyers, including Jones Act lawyers, unseaworthiness lawyers, boat negligence lawyers, maintenance and cure lawyers, cruise ship lawyers, recreational boating lawyers, boat accident lawyers, ship accident lawyer, boat collision lawyer, ship collision lawyer, barge accident lawyer, barge lawyer, derrick attonrey, floating work platform lawyer, PWC accident lawyer, personal watercraft accident lawyer, sailboat accident lawyer, water ski accident lawyer, sailing accident lawyer, tanker lawyer, offshore lawyer, and river accident lawyers.
The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
Get Directions