Jones Act Cases from Accident Lawyer Hawaii

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

Jones Act Cases - Seaman Cases, Decisions & Opinions

Honolulu Maritime & Ocean Injury Lawyer Bill Lawson

Law Office of William H. Lawson


Jones Act - Table of Contents

The Jones Act - Cases, Decisions and Opinions

VII. PRACTICE AND PROCEDURE - J. Evidence - 3. Defendant's Burden of Proof

661. Generally

Burden of proving that mortgagee, guarantor of mortgage, or any similar encumbrancer, not holder of equitable title, is employer for 46 USCS Appx section 688 purposes, is on one who asserts it. Fitzgerald v A. L. Burbank & Co. (1971, CA2 NY) 451 F2d 670, 14 ALR Fed 525.

In action under 46 USCS Appx section 688, it is not incumbent on defendant to make proof of any facts upon which it relies as defense until plaintiff has established prima facie liability of defendant for injuries sustained by plaintiff. Lykes Bros.-Ripley S. S. Co. v Pluto (1940, Tex Civ App) 146 SW2d 414, writ dismd.


662. Contributory negligence and assumption of risk

Employer has burden of proof to establish that seaman assumed risk of injury. W. R. Chamberlin & Co. v Rylander (1934, CA9 Cal) 68 F2d 362, 1934 AMC 192.

In Seaman's action under 46 USCS Appx section 688, defendant has burden to prove by preponderance of evidence, seaman's contributory negligence. Mason v Mathiasen Tanker Industries, Inc. (1962, CA4 Va) 298 F2d 28, 5 FR Serv 2d 938, cert den 371 US 828, 9 L Ed 2d 66, 83 S Ct 23; Nolan v Greene (1967, CA6 Ky) 383 F2d 814; Fleming v American Export Isbrandtsen Lines, Inc. (1970, SD NY) 318 F Supp 194, affd in part and revd in part on other grounds (CA2 NY) 451 F2d 1329.

Even though burden of establishing contributory negligence rests upon defendant, in suit under 46 USCS Appx section 688, contributory negligence may be shown by plaintiff's own evidence or may be fairly inferred from all facts and circumstances of case. Honea v Matson Navigation Co. (1972, ND Cal) 336 F Supp 793.

"Reasonable care" standard applies to defendants' counterclaim in seaman's action alleging negligence under Jones Act and unseaworthiness of vessel, where defendants alleged contributory negligence, because standard for contributory negligence is traditional negligence standard of whether seaman exercised care which reasonably prudent person would have exercised under circumstances. Brown v OMI Corp. (1994, SD NY) 863 F Supp 169, judgment entered, claim dismissed (1994, SD NY) 1994 US Dist LEXIS 18239.

In seaman's action for personal injuries, burden of proof of defenses of contributory negligence or act of fellow servant, if available, is on ship. Proctor v Sword Line, Inc. (1948, City Ct) 83 NYS2d 288.


663. Settlement and release

Burden is on party relying upon release to show that it was executed freely, without deception or coercion, and was made by seaman with full understanding of his rights. Law v United Fruit Co. (1959, CA2 NY) 264 F2d 498, cert den 360 US 932, 3 L Ed 2d 1546, 79 S Ct 1452.

Amount of settlement is not, in itself, determinative of validity of seaman's release of action under 46 USCS Appx section 688, but inadequate settlement adds greatly to defendant's burden of proving that no advantage was taken of seaman's relatively weaker bargaining position. Morris v Fidelity & Casualty Co. (1970, ED La) 321 F Supp 320, affd (CA5 La) 441 F2d 1146.

In action by seaman, burden is on party claiming prior settlement as defense to prove that earlier settlement was entered into by seaman with full understanding of his rights. Concepcion v United States Navy (1983, SD NY) 575 F Supp 23.

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

Accident Lawyer Hawaii

Law Offices of William H. Lawson
Kahala Avenue
Honolulu, HI 96816
(by appointment only)

Law Offices of William H. Lawson
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 671-7600

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

Main business phone:
(808) 528-2525


Directions to Honolulu office




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


Some accidents happen and the victims don't know who hit them. In such cases, a negligent driver can sometimes be found through law enforcement, video cameras, and investigation. See, Woman Settles for $3 Million After Being Run Over by School Bus. In addition, in other cases, the injured parties may be able to pursue insurance coverages that are designed to fill in such gaps - such as Uninsured Motorist Insurance and/or Underinsured Motorist Insurance.





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 - 2017 American Society of Legal Advocates - Top 100 - 2017 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 Expertise - Best Car Accident Lawyers in Honolulu 2019 Expertise - Best Car Accident Lawyers in Honolulu 2019 Best Attorneys in America - Life Charter Member Best Attorneys in America - Life Charter Member


Click on a box below to choose one of our 4 menus:

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 1999-2020 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!