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November 2017 Archives

How does negligence affect a case under the Jones Act?

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? 

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. 

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