Subscribe to RSS Feed"Was that you? That last blog entry. It wasn't too tight, you know? The way it read, I felt like I was in a classroom."
"Yea. That was me. Maybe I hadn't had my coffee. Still, it's maritime law and that stuff is hard to make sexy. It may be all about the water, but it's still pretty dry."
"Umm-mm. Your other entries were ok. I liked them. That last one though, crap."
"Ok. Gotcha. Anything else on your mind?"
"Nope. Just that last crappy blog entry. Oh, and this kid who fell on the deck of my sport fish. He busted his ankle up good and now he's got some attorney sending me letters 'bout the Jones Act. I'm gonna do the right thing, you know. I just don't need an attorney crowding me. It's disrespectful. Give a man a chance to do right is what I say."
"How long did the kid work for you?"
"Didn't work for me. We paid him through my in-law's company that owned the boat. I called it 'my' boat, but it was my in-laws. I don't know, 'bout a year or so. He was a gopher. Get that, do this. That kind of stuff. He kept the boat going alright, though."
"Ok, well the Jones Act is all about seeking a remedy against an employer. If the attorney is shooting you letters in your individual capacity and you weren't the kid's employer, maybe he's got himself sideways and doesn't know what he's doing. Still, it sounds like the kid would likely qualify as a Jones Act seaman because he's contributing to the function of the vessel and he's been doing so for about a year."
"There we go. Wasn't my fault anyways. Kid was drinking with his buddies and missed the step getting off the boat."
"You see, these cases are so fact driven. That fact right there is going to be important because they're cases out there which have found against a crewmember due to his intoxication."
"So how do we play this? Maybe I get a witness or two on the intoxication angle?"
"That's a start. When did this happen."
"Hell, I can barely remember. It has to be three or four years ago, something like that."
"Well, there's another potential defense to keep in mind. Jones Act claims must generally be brought within three years of the date of the incident."
"Sounds like we can beat this claim, huh?"
"We'll see. Remember one other thing, though. The burden of proof in Jones Act claims is not that stringent. In other words, typically in a Jones Act case, the negligence is deemed the legal cause of the injury if it played any part in causing the injury."
"Good to know. Thanks, man. I'll be in touch."
Underway and making way.
--- JKF
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