Jones Act Lawyer

Proving a Jones Act Case – Four Elements Crucial to any Case

The Jones Act is a law that's been in place for many years, and while it's at least in part meant to protect the rights of injured ship and sea-faring workers, it also encompasses several other issues that tend to arise quite often when dealing with the high seas. It's an extremely complicated law, and if you have been injured while working in some sea-faring capacity, you will need legal help to make sure that you build the strongest case possible.

Below are the elements that need to be proven to successfully prosecute a claim under the Jones Act, but if you'd like particularized advice on how to proceed, contact a Jones Act lawyer at Williams Kherkher immediately to schedule a free initial consultation.

1. Duty - If a plaintiff sues his or her employer or ship owner under the Jones Act, he or she must prove that the defendant owed the plaintiff a duty. This is generally assumed under the Jones Act, as the statute requires that the employer provide the worker with a safe working environment and a ship that's deemed ‘sea-worthy' under the circumstances.


2. Breach of Duty - After the plaintiff has proven that a duty exists, he or she must then prove that the employer or ship owner breached that duty. Generally, a "reasonability" standard is used to determine whether or not this duty of care was breached. For instance, if a ship on which the worker was injured is found to be non-sea-worthy, that would constitute a breach of the duty of care all employers owe their workers.


3. Causation - Even if the plaintiff successfully proves the first two elements of a case, he or she must still prove that the breach of the duty proven either directly or indirectly, in a way that should have been foreseen, led to the injuries suffered. This is an extremely complicated element to prove, and one that requires a high degree of skill and experience within the realm of trial law.


4. Damages - Finally, if all three of the elements above are proven, the plaintiff must also prove that he or she suffered actual damages as a result of the injuries sustained. These can generally be proven by showing medical costs and missed time at work, but the law states that if the plaintiff suffers no damages, there can be no viable claim.

As you see, even when presented in this simplistic form, proving liability under the Jones Act is no small matter. If you have been injured in this context, contact a Jones Act attorney at Williams Kherkher immediately to schedule a free initial consultation.