Maritime News

Seaman Files Lawsuit After Falling Off Pickup Truck Into Water

Posted on Jun 22, 2011

Can a seamen claim Jones Act damages if his workplace injury occurs on land?

While the answer to this question depends on the situation, a seaman may claim Jones Act damages if he is injured while in service to his vessel and the injury is due to the negligence of his employer , the vessel owner or operator, or has been caused by unsaeworthiness.

A seaman recently filed a Jones Act lawsuit against his employer, H&S Towing Inc., for injuries sustained when he fell from a pickup truck's tailgate.

The accident occurred November17, 2010. At that time, Perry Rousse was employed on the vessel, the M/V Katie Chase. He was ordered by the captain to pump out the bilge. While pumping he was forced to place his weight on the open tailgate of a pickup truck. The tailgate collapsed and Rousse fell into the water.

Rousse is accusing H&S Towing of negligence. He believes the company failed to provide a competent crew, failed to properly supervise its employees, failed to maintain control of the vessel, failed to properly train its employees, failed to properly moor the vessel, and failed to provide proper equipment aboard the vessel.

Rousse is seeking compensation for his medical expenses, lost wages, loss of future wages and fringe benefits, physical pain and suffering, mental pain and suffering and anguish, disfigurement and disability, loss of enjoyment of life, interest, court costs and attorney's fees.

The suit was filed on June 8 in federal court in New Orleans.