Jones Act Cases from Accident Lawyer Hawaii

Jones Act Cases - Seaman Cases, Decisions & Opinions

Honolulu Maritime & Ocean Injury Lawyer Bill Lawson

Law Office of William H. Lawson

What We Do at Accident Lawyer Hawaii - video Honolulu Personal Injury Attorney - Claims We Handle Personal Injury Attorney Hawaii results Honolulu Personal Injury Attorney - Call us now

Awards and Honors


AV Preeminent rated by Martindale Hubbell
Martindale Hubbell - AV rated lawyer - Best Rating Possible


Multi-Million Dollar Advocates Forum
Multi-Million Dollar Advocates Forum


AVVO Top Rated Personal Injury Attorney
AVVO Top Rated Personal Injury Attorney, 10 of 10


ATLA Top 100 Trial Lawyers
ATLA Top 100


5.0 of 5.0 top rated by Lawyers.com
Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible


National Trial Lawyers - Top Lawyer
National Trial Lawyers - Top 100 Trial Lawyers


Million Dollar Advocates Forum
Million Dollar Advocates Forum


American Society of Legal Advocates - Top 100 - 2014
American Society of Legal Advocates - Top 100 - 2014


Marquis' Who's Who
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law


AVVO Clients' Choice Personal Injury Lawyer
AVVO Clients' Choice Personal Injury Lawyer


American Society of Legal Advocates - Top 100 - 2013
American Society of Legal Advocates - Top 100 - 2013



Jones Act - Table of Contents

The Jones Act - Cases, Decisions and Opinions

V. DEFENSES - F. Other Defenses


441. Common law defenses

Common law defenses to assault are available to employer in action under 46 USCS Appx section 688 for assault on plaintiff. Escandon v Pan American Foreign Corp. (1937, CA5 Tex) 88 F2d 276.


442. --Last clear chance

In action under 46 USCS Appx section 688 to recover for injuries sustained while employed as seaman on vessel, it was for jury to determine whether crew of ship involved in collision had last clear chance. Curtis Bay Towing Co. of Virginia, Inc. v Mansfield (1953, CA4 Va) 207 F2d 859.


443. Fraud

Defendant's contention that plaintiff committed "fraud" in failing to reveal prior injury and surgery, which vitiates his employment contract and destroys his claim under 46 USCS Appx section 688, was not available because dominant Congressional policy of compensating injured workers overrides alleged fraud in forming employment relationship. Compton v Luckenbach Overseas Corp. (1970, CA2 NY) 425 F2d 1130, 14 FR Serv 2d 165, cert den 400 US 916, 27 L Ed 2d 155, 91 S Ct 175.


444. Miscellaneous defenses

Jones Act seaman who is injured while performing seaman's work aboard ship owner's vessel, in which he is not crew member, cannot sue ship owner for unseaworthiness on same theory that longshoreman can sue nonemploying shipowner, but can sue for breach of duty. Smith v Harbor Towing & Fleeting, Inc. (1990, CA5 La) 910 F2d 312, reh den, en banc (CA5) 1990 US App LEXIS 18755.

Defense of independent contractor was not expressly abolished by 46 USCS Appx section 688, nor does language in section 688 impliedly have that effect as to incidental matters such as cleaning of oil tanks. Pietryzk v Dollar S.S. Lines, Ltd. (1939) 31 Cal App 2d 584, 88 P2d 783.

Even if defense of unavoidable accident is available in 46 USCS Appx section 688 cases predicated upon negligence, if evidence does not raise issue that something other than negligence of party to event caused injury, issue on unavoidable accident should not be submitted to jury. Continental Oil Co. v Lindley (1964, Tex Civ App Houston (1st Dist)) 382 SW2d 296, writ ref n r e.

Suit may not be brought against state or state universities in its own courts under 46 USCS Appx section 688 without its consent; waiver of immunity is matter for legislature to determine. Lyons v Texas A & M University (1976, Tex Civ App Houston (14th Dist)) 545 SW2d 56, writ ref n r e.

Jones Act - TABLE OF CONTENTS


Facebook Company page for Accident Lawyer Hawaii - William H. Lawson LinkedIn Company page for Top Honolulu Personal Injury Attorney William H. Lawson Google+ page for Bill Lawson - HI's Best PI Law Firm




Accident Lawyer Hawaii

Law Office of
William H. Lawson

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813


New client hotline:
(808) 524-5300


Pearl City, Aiea and Waipahu:
(808) 671-7600


Main business phone:
(808) 528-2525


Directions to Honolulu office


Get a free consultation


HI accident news
and articles


Court cases re:
Hawaii accident law


Lawson Law
Scholarship 2017





Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii





Recent Personal Injury and Car Accident News


In the case of Tracey v. Solesky, 427 Md. 627, 50 A.3d 1075 (Md., 2012), the Court of Appeals of Maryland held that pit bull owners and harborers have strict liability for attacks on humans by their dogs. Massachusettes had previously established a similar policy. Cute pit bulls? Not hardly. Historically the dogs were bred to be weapons. They regularly maim and kill. Some courts are finally holding that owners and harborers of this particular breed are required to compensate their victims when their pit bulls wrongfully injure or kill - without the traditional "one free bite".










Choose one of the 4 menus below:



There is NO CHARGE for sending your case information to our law firm. The information provided on this website is preliminary and informational ONLY. It is not legal advice. The use of our webpages does not establish an attorney-client relationship. This website is copyright 1999-2017 and the contents of this website are the property of Personal Injury Attorney William H Lawson. The Terms and Conditions of Use for this website and our Privacy Policy are available here for your consideration. All rights reserved.

Jones Act Cases - Decisions - Opinions

We thank you for visiting our site!