Seaman's Burden of Proving Causation Remains "Featherweight"
The U.S. Supreme Court issued its decision today in the matter of CSX v. McBride, and affirmed by a 5 to 4 majority that the longstanding rule, recognized by most jurisdictions, of minimal causation personal injuries under under the Jones Act, remains unchanged. The seaman’s burden of proving causation is satisfied if the employer’s negligence played a part – no matter how small – in bringing about the injury. The case involved a claim of a railroad worker under the Federal Employer’s Liability Act (FELA), the liability standards of which are adopted under the Jones Act. Accordingly, the same rule of causation continues to apply to a seaman’s claims against an employer under the Jones Act.
