A sailor has filed a second slip-and-fall case within one year against employers alleging that the environment on the ship where he worked was unsafe and led to his injuries, according to recent reports. The plaintiff filed a lawsuit against Irika Shipping, Prosperity Management and Lake Shore Shipping in November 2009 and against Prosperity Management in December 2008, both for allegations of dangerous working conditions that led to a slip-and-fall accident.
According to the most recent complaint, the victim was employed by Kinder-Morgan aboard the Tina III, a ship owned by the defendant company, when he slipped and fell on the deck in April 2007, injuring his back. This led to a Jones Act lawsuit against Prosperity management due to a claim of inadequate working surfaces.
The plaintiff is asking for damages including mental anguish, pain and suffering, lost earnings, medical expenses and impairment.
What Is The Jones Act?
The Merchant Marine Act of 1920, otherwise known as the Jones Act, was passed to ensure that ships carrying cargo between United States ports and flying under the flag of the United States are subject to US labor laws and protections. Until the passage of the Act, some shipping companies had attempted to circumvent US labor regulations by claiming that they did not apply in open waters. A suit filed under the Jones Act generally involves claims that a company must provide a safe working environment or otherwise follow the regulations and rules enforced on all other US employers.
Slip-and-Fall Cases Often Lead to Damages
Slip-and-fall cases fall under the umbrella of property liability law and usually involve alleged negligence on the part of a property owner, employer or other entity with control over a certain piece of property. Some slip-and-fall cases, such as those filed by the sailor, allege that the employer did not keep the working environment safe and this neglect led to his injuries. Others allege that a property owner knew or should have known that some area of the property was unsafe, and that the property owner had a duty to warn victims before the accident of the hazards.
Damages for slip-and-fall cases often center around physical injuries sustained due to dangerous conditions such as wet floors, obstructions or other hazards. These damages may include:
- Payment of medical bills for treatment necessitated by the fall
- Impairment from injuries sustained in the fall
- Loss of wages due to inability to work during recovery
- Pain, suffering and mental anguish as a result of injuries and recovery attempts
- Loss to family members of consortium, income and other benefits
Slip-and-fall accidents may not seem serious to many people but they can result in life-altering injuries or even in death. Traumatic brain injury is a real possibility as the result of a slip-and-fall accident, as well as broken limbs, back problems, and enduring pain from injuries.
If you have been the victim of a slip-and-fall accident, a personal injury attorney can help you claim the compensation you deserve to pay for your medical care and other costs.