Jones Act Attorney Straight Talk Charting Punitive Damages and Unseaworthiness

Jones Act Attorney Straight Talk Charting Punitive Damages and Unseaworthiness

Jones Act Attorney Straight Talk

Jones Act Attorney Straight Talk is a series of articles where we provide you an insiders view of Jones Act Law by a Jones Act Attorney. We lift up the hood, so to speak, to let you see how Jones Act injury cases really work. In other words we don't tell you what you want to hear. We tell you what you need to hear. Straight old fashioned unvarnished, unsweetened truth.


Charting Punitive Damages and Unseaworthiness

In the past 20-30 years, courts have not allowed Seaman to obtain punitive damages. The 2009 United States Supreme Court case, Atlantic Sounding which held punitive damages were available based upon failure to provide maintenance and cure - - has altered maritime law. Here we discuss a recent federal district court which upheld punitive damages under unseaworthiness.

Unseaworthiness and Punitive Damages

Seaman was employed as a mate on the towboat. Seaman sustained injuries to his left foot when it came in contact with a deckfitting on a barge that the towboat was preparing to switch.

Seaman filed a claim alleging the Vessel Owner/ Employer was negligent, failed to provide maintenance and cure, and operated an unseaworthy vessel. Seaman sought punitive damages on all claims. Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in reprehensible conduct.

A claim for maintenance and cure concerns the vessel owner's obligation to provide food, lodging, and medical services to a seaman injured while serving the ship.

Unseaworthiness is a form of strict liability that requires the owner of a vessel to ensure that a vessel and its appurtenant equipment and appliances are reasonably fit for her intended use.

Under these facts a recent federal court held that punitive damages are available under general maritime law for unseaworthiness claims. The court reasoned unseaworthiness is a general maritime action that was well established before the passage of the Jones Act. In addition, punitive damages were well established as a remedy in general maritime law before the passage of the Jones Act. Neither the Jones Act nor any other federal statute has addressed or limited the availability of punitive damages for unseaworthiness claims.

Disclaimer

This article is not legal advice. I am simplistic in order to achieve clarity. Your case, situation or circumstances probably differ from those described in this Jones Act Attorney Straight Talk article. Whenever you go to court asking for money your credibility is always at issue. Always tell the truth.

Bill Turley is a somekeyword. He was awarded Super Lawyer, has the highest AVVO Rating and was elected President of the Consumer Attorneys. He has the most comprehensive somekeyword website.

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