Maritime & Boating Lawyers
Experienced admiralty and maritime attorneys representing vessel workers and accident victims nationwide.
With over 40 years of litigation experience, Jazlowiecki & Jazlowiecki law firm is affiliated with some major firms throughout the USA and Canada on both the eastern and western seaboard and gulf coast. We work in partnership with these firms to prosecute cases of mass casualties on land, sea and air whether as an individual case or part of a class action and/or mass torts.
We partner with the best firms in every specialised area of law throughout the country and Canada to best benefit the injured or deceased plaintiffs. Our expertise in admiralty and maritime law ensures that your case receives the specialized attention it requires.
Admiralty and Maritime Law
Admiralty and maritime law include a plethora of special rules, duties, rights and procedures. Within the context of personal injury and wrongful death, admiralty and maritime law gives rights and remedies to persons injured and killed in a myriad of scenarios. Because these are specialized proceedings, one needs an attorney well versed in the practice and procedures of maritime law.
There are a myriad of choices in choosing the proper venue and prosecuting a maritime death or injury case successfully. Our firm has the expertise to navigate these complex legal waters and protect your rights.
Venue and Jurisdiction
State Court
State courts are usually the preferred venue because they provide a trial by jury, which is usually advantageous to the plaintiffs. A jury trial allows for greater flexibility in presenting evidence and arguments that may result in higher awards for injured parties.
Federal Court
Sometimes defendants try to get federal jurisdiction in which the case is tried to a judge and not a jury, which usually benefits the defendants. We aggressively oppose improper removal to federal court and work to keep cases in state court where our clients have the advantage of a jury trial.
The Jones Act and Seaman's Rights
The Jones Act (1920, updated 1970): Seamen are entitled to recover if the negligence of the employer played any part whatsoever in causing the injury or death of a seaman. This is the well-known "scintilla" of negligence standard, which provides an exceedingly low standard of negligence required on the employer's part for plaintiffs to prevail.
This favorable standard makes it significantly easier for injured seamen to recover damages compared to ordinary negligence cases, making the Jones Act a powerful tool for maritime workers seeking compensation.
Elements of Negligence Under Maritime Law
Negligence under the Jones Act contains elements analogous to most negligence cases:
Duty to the Plaintiff: The employer must owe a duty of care to the employee. This includes providing a safe work environment and properly maintained vessels.
Breach of Duty: The employer must have breached that duty through negligent action or inaction. Common breaches include operating an unseaworthy vessel, dangerous conditions on board, or providing inadequate staffing.
Proximate Cause: The breach must be a proximate cause of the injury. Even the slightest negligence can constitute proximate cause under the "scintilla" standard.
Actual Injury: The plaintiff must have suffered actual injury or damage. This can include physical injuries, lost wages, pain and suffering, and other compensable damages.
Common Breaches of Maritime Duty
Unseaworthy vessel conditions
Dangerous or defective vessel conditions
Failure to provide safe work environment
Providing unskilled or inadequate captain
Overloading of vessel
Directions to sail in unfavorable conditions
Sailing in dangerous or hazardous waters
Breach of duty of care
Jazlowiecki & Jazlowiecki Law
We have been protecting the rights of the severely injured since 1974. We aggressively represent our clients!
Submit Your Case
All fields marked with * are required
Get your free case evaluation today.