Marine Link
Friday, October 21, 2016

Jones Act--Same Negligence Standard

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 Magazine Cover Oct 2016 - Marine Design Annual

Maritime Reporter and Engineering News’ first edition was published in New York City in 1883 and became our flagship publication in 1939. It is the world’s largest audited circulation magazine serving the global maritime industry, delivering more insightful editorial and news to more industry decision makers than any other source.

Maritime Reporter E-News subscription

Maritime Reporter E-News is the subsea industry's largest circulation and most authoritative ENews Service, delivered to your Email three times per week

Subscribe for Maritime Reporter E-News