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2/3/2012
Brian Beckcom
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Pascagoula seamen benefit from doctrine of comparative negligence

Ashore, in many cases if an injured worker was over 50-percent negligent, that person will not be awarded damages in court.

On the other hand, a jury can award damages to a Pascagoula mariner even if the person’s own actions contributed to the accident.

This is known as the doctrine of comparative negligence (also non-absolute contributory negligence). The damage amount is determined upon the degree to which the seaman’s own negligence contributed to the injury.

Sometimes, a seaman will even be awarded full compensation if they contributed to the accident. For example, a federal court once awarded a fisherman full damages for a severe foot injury—even though he carelessly put himself at risk by using defective equipment—because he was acting under his supervisor’s orders.

If you are a seaman from Pascagoula or elsewhere on the Mississippi coast who may have contributed in some manner to your injury, don’t think you have no case. Our firm may still be able to get you compensation by proving there were other factors responsible for your accident.


Category: Learn About The Jones Act



Injured? - We Can Help

If you have been injured in a maritime accident, we recommend that you do your research.  All too often, the company will try to trick you into signing away your legal rights, ask you to give a recorded statement that will hurt your case, force you to see company doctors, or steer you in the wrong direction.  Below is a list of resources we provide to injured maritime employees for FREE.

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