If you are an injured seaman from Jackson, Mississippi and you believe you share in the blame for the cause of the accident, you do not have to give up the hope for receiving compensation. Under the doctrine of comparative negligence, even if a seaman’s own actions played a role in the accident, a favorable jury award is possible. To support this we cite Williams v. Bresea, Inc. (1974). In this case, a federal appeals court ruled that “a seaman may not be contributorily negligent for carrying out orders that result in his own injury, even if he recognizes possible danger.”
An example would be if you are ordered to secure the vessel with a visibly frayed line and it parts.
In Simeonoff vs. Hiner and Hiner (2001), another federal appeals court ruled that a fisherman whose foot was crushed while making repairs to the vessel was eligible for full compensation even though he knowingly and carelessly placed himself at risk working with unsafe equipment because he was following a supervisor’s orders. But a seaman cannot always expect to receive full damages if their own negligence played a role in the accident. For example, the employee may only receive half of the damages if the negligence was shared with the employer. This is different than conventional shore law where an injured worker receives no damages of they are found 51 percent or more negligent. If you are a commercial fisherman, platform worker or merchant seaman from Jackson and you were injured on the job or in some way victimized by the company, our Board Certified maritime attorneys are available to give you a free consultation. Call us at 877-724-7800. Please order one of our free consumer reports such as “How to Hire the Best Maritime Attorney for Your Case” through the links at the top of this page.
Category: Hiring A Lawyer
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