A commercial diver’s Jones Act claim may be impacted if the defendant or employers are able to prove that the dive injuries were partially caused by the diver’s own negligence. These issues may arise if a diver has

• Failed to act responsibly

• Failed to practice safe diving procedures

• Has acted with recklessness

• Has knowingly placed himself in danger

• Has disobeyed employer’s instructions

• Has disobeyed exposure limits

It’s important for divers to follow all safe driving practices like inspecting their gear before a dive, following all limits laid out by the decompression tables, and other instructions. Diving must be avoided in poor weather or tidal conditions. If an employee insists on diving even in adverse conditions and suffers injuries, then his claim can also be adversely affected.

However, this doesn’t mean that the diver is not liable for any damages under the Jones Act. It does mean that the percentage of damages may be divided depending on how much the diver contributed to his injuries. For instance, if a jury finds that the diving company was 80 percent responsible for the injury and the diver was 20 percent responsible, then the damages will be reduced by 20 percent. The company then would have to pay just 80 percent of damages. That’s why it’s so important that divers follow all safe driving practices. It may impact your future in ways you may not be aware of.If the injuries are severe and could impact your future, then even a 20 percent cut in your damages could work out to a huge loss.

Maritime lawyer Brian Beckcom is a Board Certified trial lawyer, whose primary focus is the representation of injured Jones Act seamen, tankermen, galleyhands, deckhands, drillers, oilrig workers, offshore workers and other maritime workers in accidents in Texas, around the country and in international waters.