原文传递
Legal Talk
| 题名： | Legal Talk |
| 正文语种： | eng |
| 作者： | Daniel J. Hoerner |
| 作者单位： | Mouledoux Bland Legrand & Brackett LLC |
| 摘要： | The U.S. Fifth Circuit, the federal appellate court for district courts in Texas, Louisiana and Mississippi, has historically been a leader in shaping maritime law. In December it issued an important decision that addressed contributory negligence in a Jones Act personal injury suit. Knight v. Kirby Offshore Marine Pacific involved a claim by a tankerman who suffered an ankle injury after stepping on a stern line that caused him to lose his balance and fall. The plaintiff, Andrew Lee Knight, had been instructed by his captain to swap out the stern line when the vessel was at sea. He claimed that four-foot seas and heavy winds, which caused the vessel to roll, were unsafe conditions for the work he was instructed to perform and that it was negligent for the captain to order him to change out the line on the vessel's stern deck under such conditions. Knight's case went to trial, and the Louisiana district court found that both he and his employer were equally negligent for the accident and injury. Thus, the court reduced Knight's monetary damage award by 50% to account for his own fault. Knight appealed the ruling to the Fifth Circuit. |
| 出版年： | 2021 |
| 期刊名称： | Work Boat |
| 卷： | 78 |
| 期： | 3 |
| 页码： | 14-14 |
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