Don’t always believe the headlines of Jones Act lawsuits

“Seaman trips on vessel doorway, files Jones Act suit,” reads a headline in the on-line legal journal Southeast Texas Record.

That headline makes it seem like the story is about a frivolous lawsuit, the equivalent of suing over a slip in a parking lot puddle.

Were lawsuits decided simply by the tone of headlines, this plaintiff wouldn’t stand a chance.

The following text is from the story:

“The incident occurred because the defendants negligently failed to provide a handrail, clearly mark the steps, and also failed to provide a non-slip surface on the steps.”

But does that tell the entire story? Suppose you add to the text the following circumstances in parenthesis:

 “The incident occurred because the defendants negligently failed to provide a handrail, (the doorway was pitch black because repairs had not been made to a defective outlet), clearly mark the steps (which were unevenly worn), and also failed to provide a non-slip surface on the steps (which were slippery due to a hydraulic leak from a rotten hose).”

Now the headline could read “Seaman injured on unseaworthy vessel.”