When you take your employer to court in New York for a Jones Act negligence claim, you must show that he or she did not act in the way a reasonable person would. The Manual of Model Civil Jury Instructions for the District Courts of the Ninth Circuit explains that the negligence could be a failure to make sure the vessel is seaworthy, or it could be failure to hire an adequate number of crew members who are trained for their duties, among other violations.
Attorney fees added to award after maintenance and cure denial
An injury suffered in the service of a vessel may render a seaman unable to support him- or herself in New York. Often, swift medical attention is needed to prevent the damage from worsening. Having a safe place to stay during treatment may also be critical to recovery. Without maintenance and cure to cover the costs of these, a seaman may suffer more harm. However, taking the company to court may be a time-consuming and costly endeavor that further harms the seaman's financial status.
The 'smart vessel' and the future of the maritime industry
Occasionally, maritime mishaps move into the spotlight of New York news, typically involving accidents offshore. And although technical accidents are often inevitable, any kind of machine-related operation can come with its fair share of risks. When it comes to the maritime industry, errors are possible, as with any other mode of transportation. In response to such accidents, will the future of offshore work keep up with the advancements made in everyday vehicles?
Accidents and crimes on the high seas: What you need to know
The authority of a ship’s captain and the protection of the Jones Act are two important items to understand if you work or travel in international waters. Here are eight frequently asked questions about laws covering accidents and crimes at sea.
Defining vocational rehab
After having been injured in a boating or maritime accident on Manhattan's docks or out the on the open water, your ultimate goal will likely be to return to work. Sadly, several of the clients that we here at Tabak, Mellusi & Shisha LLP have worked with in the past have found that to be impossible. After all of the time you have dedicated to your career up to this point (coupled with the new physical limitations that now prevent you from returning to it), you may believe a career change to be impossible. However, there are resources available to help make that happen.
