What Are Examples of Jones Act Cases?
The Jones Act may apply in many different cases. Possible examples include:
- Offshore drilling rig accidents
- Personnel basket transfer accidents
- Crewboat accidents
- Slip and fall cases
- Offshore burns
- Severed fingers or limbs
- Head injuries
- Back injuries
- Neck/spine injuries
- Failure to provide adequate guardrail
- Scaffolding injuries
- Winches and lifting equipment
- Failure to use safety equipment
- Slip and fall risks
- Inadequate lighting
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References
Coats v. Penrod Drilling Corp., 61 F.3d 1113 (5th Cir. 1995) (holding plaintiff offshore drilling rig worker was entitled to damages under Jones Act, maritime law of unseaworthiness, and maintenance and cure for injuries arising from failed pressure bullplug during pressure testing, which resulted in severe knee injuries); Menard v. Penrod Drilling Co., 538 F.2d 1084 (5th Cir. 1976) (holding plaintiff offshore rig worker was entitled to damages under Jones Act when he was injured aboard offshore submersible drilling rig while lifting heavy objects, because tool pusher failed to provide sufficient assistance, gave faulty orders, and failed to provide properly trained forklift operator).
Bertrand v. Mobil Oil Exploration, 15 F.3d 180 (5th Cir. 1994) (upholding personal injury damages award in slip-and-fall personal injury case arising from personnel basket billy pugh accident); Sanamo v. Trico Marine Serv., Inc., 73 Fed. Appx. 79 (5th Cir. 2003) (stating that maritime law applied to personal injury lawsuit brought by jackup offshore rig worker arising from personnel basket billy pugh accident); Guillotte v. Energy Partners Ltd., 2008 WL 828052 (S.D. Tex. 2008) (holding maritime law applied to plaintiff rig worker’s personal injury claims arising from personnel basket billy pugh accident on jack-up rig).
Gregoire v. Enterprise Marine Serv., LLC, 2014 WL 3866589 (E.D. La. 2014) (holding plaintiff could bring Jones Act and maritime unseaworthiness claims in state court for personal injuries arising from slip and fall, and that the claims could not be removed to federal court).
Sylve v. E. W. Gravolet, 178 F. Supp. 669 (E.D. La. 1967) (holding plaintiff could bring Jones Act and maritime unseaworthiness claims, as well as maintenance and cure, arising from burns sustained aboard vessel as a result of flash fire caused by bilge system on oyster boat; vessel was unseaworthy because it was equipped with an inherently unsafe fuel system and was placed in the hands of an incompetent master).
Mayne v. Omega Protein Inc., 370 Fed. Appx. 510 (5th Cir. 2010) (holding fisherman was entitled to Jones Act, maritime unseaworthiness, and maintenance and cure damages arising from closed head injury, dizziness, neck, and spine injuries caused by issues with winch and failed safety procedures; plaintiff was entitled to damages for past and future wage loss, medical expenses, pain and suffering, and pre- and post-judgment interest).
Everett v. Atlantic Sounding Co., Inc., 388 Fed. Appx. 399 (5th Cir. 2010) (holding oiler on dredge vessel was entitled to Jones Act, maritime unseaworthiness, and maintenance and cure damages arising from lower back and tailbone injuries that occurred when plaintiff slipped and fell; vessel had poor lighting, a slick metal surface, and numerous raised iron beams, and the defendants used an unsafe method of work to perform vessel services, including carrying a hose up to and across the vessel deck to drain waste oil).
Mayne v. Omega Protein Inc., 370 Fed. Appx. 510 (5th Cir. 2010) (holding fisherman was entitled to Jones Act, maritime unseaworthiness, and maintenance and cure damages arising from closed head injury, dizziness, neck, and spine injuries caused by issues with winch and failed safety procedures; plaintiff was entitled to damages for past and future wage loss, medical expenses, pain and suffering, and pre- and post-judgment interest).
Miller v. Diamond Offshore Management Co., 2011 WL 2550706 (E.D. La. 2011) (holding offshore rig worker/roustabout was entitled to bring maritime and Jones Act lawsuit against offshore drilling company arising from slippery mud on the deck, inadequate lighting, and the absence of guardrails).
Mayne v. Omega Protein Inc., 370 Fed. Appx. 510 (5th Cir. 2010) (holding fisherman was entitled to Jones Act, maritime unseaworthiness, and maintenance and cure damages arising from closed head injury, dizziness, neck, and spine injuries caused by issues with winch and failed safety procedures; plaintiff was entitled to damages for past and future wage loss, medical expenses, pain and suffering, and pre- and post-judgment interest); Williams v. Nittal Kisen K.K., Ltd., 365 F. Supp. 265 (S.D. Tex. 1973).
Rogers v. Gracey-Hellums Corp., 331 F. Supp. 1287 (5th Cir. 1971) (failure to require safety goggles was negligence); White v. Rimrock Tidelands, Inc., 414 F.2d 1136 (5th Cir. 1953) (“it is clear that the lack of adequate safety equipment aboard a vessel may constitute unseaworthiness”).
Rogers v. U.S., 452 F.2d 1149 (5th Cir. 1971) (oil and water presented slip and fall risk and made ship unseaworthy in claim brought by pipefitter).
Miller v. Diamond Offshore Management Co., 2011 WL 2550706 (E.D. La. 2011) (holding offshore rig worker/roustabout was entitled to bring maritime and Jones Act lawsuit against offshore drilling company arising from slippery mud on the deck, inadequate lighting, and the absence of guardrails).