Georgia Adjuster Practice Test

The Jones Act utilizes which standard in negligence cases?

1. Strict liability

2. Comparative negligence

3. Contributory negligence

4. Vicarious liability

The correct answer is: Comparative negligence

The Jones Act applies the standard of comparative negligence in negligence cases involving maritime workers. This means that when determining liability, the court can assess the degree of fault of each party involved in the incident. Under this standard, if a maritime worker is found to be partially at fault for their injury, their compensation may be reduced by the percentage of their own negligence, but they can still recover damages as long as their negligence is not greater than that of the employer or other parties involved. This is significant because it allows for a more equitable consideration of damages and reflects the realities of many workplace accidents where multiple parties may share fault. Unlike strict liability, which imposes liability regardless of fault, or contributory negligence, which could completely bar recovery if the plaintiff is found even slightly at fault, comparative negligence offers a more balanced approach that acknowledges varying degrees of responsibility. Vicarious liability, which holds an employer responsible for the actions of their employees, is also distinct from this standard, as it focuses on the actions of one party rather than the shared fault concept inherent in comparative negligence.