Admiralty Lawyer & Attorney

Proving your Injury Case under Admiralty Law - No Small Matter

If you work at sea, then you no doubt have heard of the Jones Act and its intended purpose in regards to your health and well-being. While the Jones Act covers many aspects of admiralty law, it is the statute upon which injured workers depend to secure a proper recovery if they have been injured. The statute has been in existence for decades, and it has helped many get back on their feet and back into life's routine without suffering the requisite financial hardship.

However, proving a Jones Act case in federal court involves much more than simply telling your story, and the admiralty lawyers at Williams Kherkher would like to present a basic analysis of how a case such as this will proceed at trial.

The Situation

Let's assume that a ship worker, Mr. Johnson, was injured on a ship that was out at sea when the doorframe that led to the galley collapsed on him as he was attempting to walk out onto the deck. The collapse led to a concussion, a sprained neck and a separated shoulder from the fall to the deck under the weight of the doorframe. Here's how the case would need to be proven.

1. Duty - Mr. Johnson would have to establish that the employer and/or ship owner owed him a duty of care, which is generally assumed in employment situations. Mr. Johnson would need to show that he was in-fact employed by the defendants, and this could be enough to get past this first hurdle.


2. Breach of Duty - After duty is proven, Mr. Johnson would need to prove that this duty was breached. He could do so by proving that the doorframe was in disrepair, and this by result would mean that the ship was not 'sea-worthy' in regards to the safety of its passengers and workers.


3. Causation - After the first two elements are proven, Mr. Johnson would need to prove that the breach of duty, namely not repairing the doorframe, led to the injuries suffered. This may sound simple, but causation is one of the most complicated tenets of any case such as this one.


4. Damages - Finally, if all three of the initial elements are successfully proven, Mr. Johnson would need to show that he suffered actual damages as a result of the incident. He could do so by offering his medical bills and statement of lost income, but however it's done, he needs to show damages in order for his case to succeed.

As you see, proving liability in a Jones Act case is a complicated matter. However, you should still assert your rights if you've suffered in this way. Contact an admiralty lawyer at Williams Kherkher immediately to schedule a free initial consultation.