Jones Act Lawyer Case Study: Large Seas Washing Across Deck

A Two Course Rail

The sea can be incredibly unforgiving and cruel. Seriously injured Seaman and their families need to understand maritime law. In order to illustrate these points here is a cargo ship accident case study by a Jones Act Attorney, with a maritime law analysis.

A cargo vessel has a two-course rail. The ship runs into very large seas. Swells wash across the superstructure. An AB is swept across the deck. The rail keeps him from being swept over the side. He takes another couple of swells and he is, literally, sucked through the two-course rail. He is able to hang onto the rail.

He has a death grip on the rail. The first mate is able to reach him and keeps him from being swept completely over the side. The AB's shoulder is badly injured while he is hanging onto the rail.

USCG Regulations

US Coast Guard regulations requires cargo vessels, to have three-course guard rails "[a]t exposed peripheries of the freeboard and superstructure decks."

Negligence Per Se

Negligence per se is the legal doctrine whereby an act is considered negligent because it violates a statute or regulation. The Seaman asserts that the vessel was negligent per se because at the time of his injury its upper deck had a two-course rail. To prevail on this theory the Seaman must show:

1. A regulatory violation,

2. Membership in the class of intended beneficiaries,

3. An injury of the type the regulation at issue seeks to prevent,

4. Absence of excuse for the violation, and

5. Causation.

The rails are in breach of the USCG regulations. The injured Seaman is certainly in the class of intended beneficiaries. He sustained injures to his shoulder trying to not be swept overboard. The regulations concerning guard rails intend to prevent persons from going over the side. The lack of the three course rail was a cause of his injury.

AB's shoulder Injury

The AB's shoulder is severely injured. He undergoes a series of shoulder surgeries. He is unable to return back to work as a Seaman. He has substantial wage loss and loss of enjoyment of life.

The Result

Under the savings to suitors clause, the Seaman is able to file a Jones Act lawsuit in California Superior Court. The Seaman was successfully able to settle the case within 9 months of filing a Jones Act Lawsuit.

Disclaimer:

The foregoing is a Seaman Injury case study. This article is not legal advice. Any resemblance to actual persons, events, and/or ships is purely coincidental. The article is simplistic in order to achieve clarity. Each Jones Act Seaman case is different and has separate difficulties and/or nuances. There is no guarantee that your Jones Act Seaman accident case will have a similar result as discussed herein.