Is assumption of risk a defense under the Jones Act?

Although assumption of risk has been abolished as a defense to a seaman's claim under the Jones Act, "[c]ontributory negligence, applied on a comparative basis, can be used to reduce a shipowner's liability." McCoy v. United States, 689 F.2d 1196, 1197 (4th Cir.1982). The employer must show by a preponderance of the evidence that the seaman's contributory negligence was the proximate cause or a substantial factor in producing the injury. 1B Benedict on Admiralty Sec. 25 at 3-97 (7th ed. 1993).

Under the Jones Act, although a seaman has a duty to use reasonable care, he generally has no duty to find the safest way to perform his work. Johnson v. Offshore Express, Inc., 845 F.2d 1347, 1355 (5th Cir.), cert. denied, 488 U.S. 968 (1988). "Rather, the duty to provide for a safe course of conduct lies primarily with the vessel owner." Id.