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Do not exaggerate the fine print. If a judge suspects your not being truthful, then they will dismiss your case. Always be honest. Always tell the truth.
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Seaman, Unseaworthiness, Jones Act Negligence, Dock Injuries, Land Injuries and Such
The warranty of seaworthiness is owed to all crew members of a vessel. To establish a claim of unseaworthiness you (read: the injured seaman) must prove that the vessel owner has failed to provide a vessel which is reasonably fit and safe for the purposes for which it is to be used. A vessel's condition of unseaworthiness might arise from any number of circumstances.
For instance, in addition to the physical condition of the vessel, the vessel may have an unfit crew. A vessel may also be unseaworthy because of an unsafe method of work. In addition, you (read: the plaintiff) must establish a causal connection between your injury and the breach of duty that rendered the vessel unseaworthy.
Either an owner or an operator of a vessel can be liable for breach of the warranty of seaworthiness Specifically, a bareboat or demise charterer takes full possession and control of the vessel, and can therefore be liable for unseaworthiness.
If your injury occurred on land, you can count on the Defendant vessel owner to argue that the warranty of seaworthiness does not apply because the accident happened on land and not on a vessel. Some courts have held that the warranty of seaworthiness extends to a seaman who is injured while unloading a vessel at dock. A vessel's condition of unseaworthiness might arise from any number of circumstances. For example, the method of loading her cargo, or the manner of its stowage, might be improper.
Under these circumstances, the vessel's unseaworthiness may have caused or contributed to causing your injury.
Compare Unseaworthiness To Jones Act Negligence
You should also understand that unseawothiness is different from Jones Act negligence. Your employer can also be negligent under the Jones Act if you are injured on the dock. In fact, under Jones Act negligence, your employer can be negligent if you are injured far from the vessel. We have won cases against the employer where the Jones Act Seaman was injured while riding in a truck on the 405 Freeway in Los Angeles and on Harbor Drive in San Diego.
Third Party Seaman Cases
Also, if your injury was caused by someone other than the vessel or your employer; then you may also have a viable third party case. For example, suppose you are in Port and get injured due to the negligence of a longshoreman. Or, if you are running an errand in the company truck for your employer and you get rear-ended while stopped at a traffic light. Under these circumstances you may have a third party case against the negligent party.
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.
It’s a leap of faith - every time
"When you get down to it, it's a leap of faith every time you sail out of the harbor. You almost have to believe it won't happen to you. Trouble is, it can and does happen. We help you get your health back and your life back." Bill Turley
We can help you get your life back
Invited Speaker 2011 Maritime Personal Injury Seminar – Jones Act
Awarded 2011 Super Lawyer – 2019 Super Lawyer
Highest Rated Jones Act Lawyer by Avvo.com
Elected President of Consumer Attorneys of San Diego
2011 New York Times Top Attorney
Awarded Best Lawyer San Diego 2012