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Vujasinovic & Beckcom Blog

Jones Act

8/24/2009
Michael Rawlins
Comments (0)

Jones Act justice denied when filing under the wrong law

Sometimes a barge is not really a vessel.

Texas resident George Casas and his legal counsel assumed that the barge he was installing insulation on was a vessel. So after injuring several vertebrae in his back after slipping and falling from an unfinished floor suspended off the bottom, Casas filed a maritime injury lawsuit in U.S. Southern District of Mississippi court.

The Court denied his claim, ruling that the barge he worked on was not in fact an actual vessel, and that the case was ineligible under maritime law. The Court ruled that because the barge was in actuality an amphibious transport dock under construction, the case was invalidated.

They did, however, acknowledge that sub-contractor Land Coast, Casas’ employer, was aware of dangerous working conditions. However, Land Coast was not named as a party in the suit. Joiner and Northrup Grumman, the contractors named in the suit, were not proven to have such knowledge.

So, despite the Court’s recognition that a worker was legitimately hurt due to employer negligence, George Casas was left as an uncompensated victim. Not only of unsafe working conditions, but a victim of injustice.

Maritime workers need to make sure that they are represented by experienced proven counsel who knows the ins and outs of maritime law.

Want to know more about back injury cases that occur offshore?

Feel free to call our firm's toll free number, 877.724.7800 , or send us an email through this website, and we would be glad to schedule an appointment with the firm's maritime lawyer, Brian Beckcom.

Or you can download Brian's free Insider's Guide to Winning Your Maritime Injury Case