Houston Texas Attorney Explains Causation Standard in Jones Act Cases
In
Norfolk Southern Railway Co. v. Sorrell, 127 S.Ct. 799
(2007), the Supreme Court held that the causation standard for an
injured railroad worker's conduct (and presumably Jones Act seamen) is
the same causation standard for the employer's conduct.
This opinion surprised some. Many lawyers assumed that railroads, and
Jones Act employers, generally had a higher burden because they
generally had more control and knowledge than an injured railroad
worker or Jones Act seaman.
While the Court did not say what the causation standard should be, a
separate opinion by Souter, Scalia, and Alito suggested that is should
be the same common law proximate cause standard.
The Norfolk Southern case, while not game-changing, certainly changes
the causation standard perspective in FELA case (and, presumably, Jones
Act cases case well.
For more information about the Jones
Act or General Maritime Law, please contact Brian Beckcom at
713.224.7800, or toll free at 877.724.7800, or visit one of the firm's
websites:
www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com
***************
About the firm
Vujasinovic & Beckcom, P.L.L.C. is a firm of
board certified personal injury trial lawyers
who handle serious injury and death cases, as well as business and
insurance cases, on a contingency fee basis. The firm has a
substantial docket of Jones Act and maritime injury cases.
***************