Dec 4, 2023 -
Jones Act suits are filed under the Maritime Claims Act, which was passed in 1920 to compensate the American shipping industry for losses brought about by accidents on its ships. This law protects the maritime industry from excessive lawsuits and allows those who are injured on one of its ships to receive compensation.
When considering filing a Jones Act maritime accident lawsuit, you must first determine if it is the right suit to bring. Maritime claims are based on negligence on the part of the owner's agent. If this negligence was caused by a third party or any of the ship's crew members, the lawsuit can be filed under another name, but it will most likely involve negligence on the part of the owner of the vessel itself.
One way to determine if this type of lawsuit is right is to review maritime claims laws and the Jones Act itself. Each of these laws has specific requirements that must be met before the lawsuit can be filed and then filed as a maritime claim.
The Jones Act requires that any injury sustained during the course of an ocean voyage must be caused by negligence on the part of a person, company or government entity that owns or controls the ship. In order to be able to meet these requirements, there must be proof that the negligent party was aware of the dangerous conditions that might result from its negligence, yet did nothing to correct or avoid them. This includes failing to inspect the condition of the ship or cargo on board, as well as failing to warn the passengers of the dangerous conditions that may result from their actions.
Once a lawsuit has been filed under the Jones Act, the plaintiff will need to prove that their injuries were caused by negligence on the part of a third party. This could mean finding proof that a third party was liable for the accident that caused the injuries or could even require proof that the ship's manufacturer, marina or owner was responsible for the accidents.
If you decide that this type of suit is the right one for your circumstances, you should carefully review the Jones Act laws to determine whether your suit would be allowed. In some cases, you may be able to avoid paying a Jones Act claim all together. This is if the plaintiff proves that the ship owner was responsible for the condition of the vessel in question, not only for the specific injuries suffered, but also because the ship was operating in a dangerous area at the time of the accident.
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