In Norfolk Southern Railway Co. v. Sorrell, 127 S.Ct. 799 (2007), the Supreme Court held that the causation standard for an injured railroad worker's conduct (and presumably Jones Act seamen) is the same causation standard for the employer's conduct.
This opinion surprised some. Many lawyers assumed that railroads, and Jones Act employers, generally had a higher burden because they generally had more control and knowledge than an injured railroad worker or Jones Act seaman.
While the Court did not say what the causation standard should be, a separate opinion by Souter, Scalia, and Alito suggested that is should be the same common law proximate cause standard.
The Norfolk Southern case, while not game-changing, certainly changes the causation standard perspective in FELA case (and, presumably, Jones Act cases case well.
For more information about the Jones Act or General Maritime Law, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:
Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis. The firm has a substantial docket of Jones Act and maritime injury cases.
