Under the Jones Act, an Employer’s Violation of a Maritime Safety Regulation Will Preclude Reduction of the Seaman’s Recovery Based on Contributory Negligence

Examines the Texas Court of Civil Appeals for Corpus Christi’s case Rodriguez v. B-R Dredging Co. In Rodriguez. The trial court found that an employer violated a maritime safety regulation, in this case section 26.B.04 of the United States Army Corps of Engineers “General Safety Requirements” requiring that all deck openings be guarded. The trial court also found the plaintiff, suing under the Jones Act, was himself fifty-five present negligent and reduced his award respectively. In reversing that part of the judgement, the instant court held that when an employer violates a maritime safety regulation, the plaintiff’s recovery will not be reduced based upon contributory negligence. The author believes this decision should be reversed.