subject: Jones Act Law Straight Talk: The Duty To Provide A Safe Place To Work And Proving Proximate Cause [print this page] Jones Act Law Straight Talk is a series of articles on the Jones Act and Seaman's issues where we provide you an insiders view of Jones Act Law by a Jones Act Lawyer. We let you see how Seaman and Jones Act injury cases really work. We tell you straight old fashioned unvarnished, unsweetened truth. Here, we talk about the relationship between the Duty To Provide A Safe Place To Work and Proximate Cause.
Safe Place To Work
It is the vessel owner's duty to provide you a safe place to work. There is what is called, "an absolute duty" by the vessel owner to provide you a seaworthy vessel reasonably fit for its intended voyage. The failure to provide a reasonably safe place to work gives rise to what is called a "cause of action" under the Jones Act. In essence, a cause of action is a set of facts sufficient to justify a right to sue to obtain money damages under the Jones Act.
Whether your employer provided you with a safe place to work is a question of fact. Which means the Jury will decide the issue. The test is whether a reasonable prudent superior or employer would have done in similar circumstances and conditions.
Proximate Cause
Proximate cause is the legal term for the primary cause of a personal injury. You may also hear it referred to as the "legal cause." In order to find liability under the Jones Act, you will need to prove that the negligent act or omission was a cause of your injuries. You will need to prove the negligent breach of duty along with proximate cause.
You will have the burden of proving proximate cause. In other words, whatever the negligence, such negligence must have a causal relationship to the accident.
Proving Proximate Cause
When determining proximate cause under the Jones Act, it is not essential that the causal relationship be proven by direct evidence. Proximate cause can be proven by circumstantial evidence. If you can show evidence, which in light of ordinary experience, suggests your employer was negligent, then you can prevail in your Jones Act case.
Disclaimer
This Jones Act Law article is not legal advice. I am simplistic in order to achieve clarity. Your Jones Act case, situation and/or circumstances may differ from those described in this article. You need to understand that whenever bring a court case your credibility is always at issue. Always tell the truth. Don't ever exaggerate or fudge your injuries.
