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Sunday, February 5, 2012

Jones Act Negligence Claim - Negligence Defined

Negligence under the Jones Act is the failure to use reasonable care. Reasonable care is the degree of care that reasonably prudent persons would use under like circumstances to avoid injury to themselves or others. Negligence is the doing of something that a reasonably prudent person would not do, or the failure to do something that a reasonably prudent person would do, under the circumstances.

BS&J NOTE: During pretrial preparation of your Jones Act injury case, experienced maritime lawyers frequently use the language of this instruction to gain valuable admissions from employers. Making the employer take a position on what they contend is and is not reasonable safe practice, is important evidence in your Jones Act injury case. The language of this instruction is frequently utilized in requests for admissions and during depositions.

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Beard Stacey & Jacobsen, LLP
4039 21st Avenue W., #401
Seattle, Washington 98199
Phone: 206-452-1282
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