Jones Act Lawyer In California: Assumption Of The Risk vs. Comparative Fault
If you work in the maritime industry and you have suffered an injury or illness while on the job, the Jones Act may provide you with the legal protection you need. However, understanding the intricacies of this act can be complex, particularly when it comes to the assumption of the risk and comparative fault doctrines.
Both of these doctrines can play a significant role in determining whether you are eligible for compensation or not. Therefore it is important to work with an experienced Jones Act lawyer in California that fully understands these legal concepts and how they apply to your case.
Assumption of the Risk
Assumption of risk is a legal defense often used in maritime cases, including those involving the Jones Act. This doctrine is based on the idea that if you knowingly and willingly participate in a risky activity and harm results, you cannot claim compensation for that harm. Essentially, if an injury or illness is the result of a known risk you assumed when taking on the job, you are not entitled to compensation from your employer.
In maritime cases, assumption of the risk often arises in situations where the injured employee was aware of the dangers associated with their job, but chose to continue doing the work regardless. For example, if a seafarer continues to work despite knowing that the ship's deck is slippery and dangerous, and then suffers an injury due to a fall on the deck, they may be deemed to have assumed the risk and may not be entitled to compensation.
However, it is essential to note that the assumption of risk defense cannot be used to excuse an employer's negligence. If you were not fully informed of the risks associated with your job or if your employer failed to take reasonable steps to ensure your safety, assumption of the risk may not be a valid defense. Additionally, if the risk you took on was not inherent to your job and was due to someone else's negligence, you may still be able to recover compensation.
If you are facing an assumption of the risk defense, it is critical to talk to an experienced Jones Act lawyer in California who can investigate your case and determine whether the defense is valid. A skilled attorney can review your employment contract, safety protocols, and other relevant documents to ensure that all necessary steps were taken to keep you safe on the job.
Comparative Fault
Comparative fault is another legal concept that plays a critical role in maritime injury cases. This doctrine is different from assumption of the risk, as it focuses on the actions or inactions of both the employee and the employer. Essentially, comparative fault assigns fault based on the percentage of responsibility that each party bears.
In cases involving comparative fault, the court will assess the actions of both the employee and the employer to determine whose actions led to the injury or illness. Factors that may be considered include the safety protocols in place, the equipment provided to the employee, the training provided, and the employee's actions leading up to and at the time of the injury.
If the court determines that both the employee and the employer were partially responsible for the injury or illness, the damages awarded will be reduced based on the percentage of fault assigned to each party. For example, if an employee is found to be 25% responsible and the employer is found to be 75% responsible, the damages awarded will be reduced by 25%.
It is important to note that comparative fault can be a valid defense, even if the employee was unaware of the danger they faced. For example, if an employee suffered an injury due to a malfunctioning piece of equipment, but the employer can demonstrate that the employee did not follow proper safety procedures when using the equipment, comparative fault may be a valid defense.
Working With a Jones Act Lawyer
Whether you are facing an assumption of the risk or comparative fault defense, it is critical to work with a skilled Jones Act lawyer in California. Your attorney will have the experience and knowledge necessary to investigate your case, gather evidence, and develop a strategic legal strategy that will maximize your chances of obtaining the compensation you deserve.
Additionally, your attorney can help you navigate the complex legal landscape of maritime law, ensuring that you understand your legal rights and options at every stage of the process. With the right legal representation on your side, you can focus on healing and recovery, knowing that your attorney is working tirelessly to protect your interests.
In conclusion, if you have suffered an injury or illness while working in the maritime industry, you have legal rights under the Jones Act. However, navigating the legal complexities can be challenging, particularly when it comes to understanding the doctrines of assumption of the risk and comparative fault. Working with an experienced Jones Act lawyer in California is critical to ensuring that you receive the compensation you deserve.