Comparative Negligence

Comparative Negligence: [noun] negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff.

Sometimes, the employer is not the only one to blame for an accident. However, the employer is not relieved from liability simply because he is not the only one at fault. If a seaman is injured because of his employer's negligence combined with his own negligence, then the doctrine of comparative negligence would be applicable.

When that happens, then the plaintiff's award for damages may be reduced by an amount equal to his or her own negligence. In other words, if the injured seaman was determined to have been 10 percent at fault for the claim accident, then the seaman's Jones Act award will be reduced by 10 percent.

Often the employer will immediately begin to make the injured seaman believe that the injury was caused by the seaman's own negligence. However, that usually is not the case. Only a good Jones Act attorney can determine whether the injury was partly caused by the injured seaman.