Jones Act--Same Negligence Standard

Thursday, January 11, 2007
In a case brought under the Federal Employers' Liability Act (FELA), the U.S. Supreme Court ruled that the negligence standard must be the same for the injured employee and the employer. In that case, an injured railroad worker filed an action under the FELA against his employer in Missouri. Under Missouri practice, the employer could be found liable if the injuries were caused in whole or in part by the employer's negligence. On the other hand, the employee's damage award was only reduced if the employee's negligence directly contributed to the injury. The Supreme Court ruled that the standard applied to the employer for negligence and to the employee for contributory negligence must be the same. This decision is important to the maritime industry because the Jones Act used in seamen personal injury cases specifically incorporates the FELA standard. Source: HK Law
Maritime Reporter July 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Iraq to Appeal US Court Decision on Kurdish Oil

The Iraqi oil ministry said on Thursday it would challenge a U.S. court decision that stopped U.S. Marshals from seizing some one million barrels of disputed Kurdish oil docked near Texas.

USCG Shares Safety Tips for Labor Day, Riverfest

Labor Day weekend marks the unofficial end of the boating season and is known as one of the busiest recreational boating weekends on the Ohio River. With approximately 2,

Wishful Thinking From Across the Pond

European Shipowners Pursue Softening of the Jones Act   Just last month, the Secretary General of the European Community Shipowners’ Association (ECSA) opined

Coast Guard

USCG Recognizes Meritorious Bulkship Rescue Team

Representatives from the U.S. Coast Guard, Federal, State, County and several members of the maritime community have received a Coast Guard Meritorious Team Commendation

Ferry Runs Aground in Lynn Harbor

Ferry Cetacea ran aground about a quarter of a mile from the pier in Lynn Harbor, Massachusetts yesterday, with 13 passengers and four crew aboard, the U.S. Coast Guard (USCG) reported.

Coast Guard Responds to Capsized Tug in Chicago

The Coast Guard is responding to the capsizing of a tug on the Calumet River near the 106th St. Bridge in Chicago in which two crew members were able to escape and swim to shore.

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Navigation Pod Propulsion Port Authority Salvage Ship Repair Ship Simulators Sonar
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1057 sec (9 req/sec)