A seaman, who was injured in an accident on a vessel, has had his Jones Act lawsuit rejected because the statute of limitations had run out.
The man, Luis Flores suffered an injury when he was working with a defective winch on a boat. The winch was designed and manufactured by a company called Coastal Marine Equipment Inc.. Flores filed a lawsuit against Coastal Marine Equipment. The complaint alleged product liability, negligence, misrepresentation and gross negligence under the Jones Act, general maritime laws and state and federal laws.
A court has now rejected his lawsuit because the statute of limitations had run out. According to maritime laws, a civil lawsuit that claims damages for personal injury or wrongful death arising out of a maritime tort must be filed within three years of the injury. Flores’ lawsuit was filed four years after the injury occurred. The court has found that the statute of limitations clause applies to his claim, and has dismissed the lawsuit.
The statute of limitations clause is contained in the Uniform Statute of Limitations for Maritime Torts. This act was passed in 1980. Generally, the law holds that a lawsuit arising out of personal injury or wrongful death as a result of maritime negligence, will not be entertained unless it has been filed within three years after the injury or death has occurred. The time limit does change and can become much shorter depending upon where geographically the maritime accident occurs.
For every injured maritime worker, there is an important lesson to be learned here. The statute of limitations for filing your maritime injury case, whether under general maritime law or the Jones Act, is three years from the date of injury. If you have a valid claim under maritime law for your injury, you may lose your rightful chance of compensation merely because you were late in filing a lawsuit.
The maritime lawyers at Schechter, Shaffer & Harris, L.L.P. represent injured offshore workers, barge operators, tugboat operators, commercial fishing vessel workers, cruise line crews, and other maritime workers across Texas.
