Maintenance & Cure Under the Jones Act... Part III - Punitive Damages
Maintenance and Cure Under the Jones Act - Part III Punitive Damages
The Supreme Court of the United States held that punitive damages can be awarded to a plaintiff as a remedy when the vessel owner has demonstrated a willful and wanton disregard of the maintenance and cure obligation. The case was heard on Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit. The case is about a crew member of a tugboat who fell on the steel deck and injured his arm and shoulder. He claimed that the owner of the tugboat would not pay maintenance and cure.
As a side note here, it's worth noting that punitive damages are not granted liberally by courts. As a general matter in accident and injury litigation, punitive damages require conduct on the part of a defendant that is particularly egregious. An accident that involves ordinary negligence would not rise to that level. A high level or recklessness or depravity for the safety and well-being of people would rise to such a level. For most cases involving shipboard injury, the court is looking at compensatory damages. Just as the word suggests, it means coming up with a dollar figure. Obviously, one's pain and anguish can't be translated into dollars and cents. But this is the best "currency" the legal system can come up with.
See the Supreme Court Blog on the case
See the Decision in Atlantic Sounding Co. v. Townsend, 557 U.S. 404, 129 S. Ct. 2561
As a side note here, it's worth noting that punitive damages are not granted liberally by courts. As a general matter in accident and injury litigation, punitive damages require conduct on the part of a defendant that is particularly egregious. An accident that involves ordinary negligence would not rise to that level. A high level or recklessness or depravity for the safety and well-being of people would rise to such a level. For most cases involving shipboard injury, the court is looking at compensatory damages. Just as the word suggests, it means coming up with a dollar figure. Obviously, one's pain and anguish can't be translated into dollars and cents. But this is the best "currency" the legal system can come up with.
See the Supreme Court Blog on the case
See the Decision in Atlantic Sounding Co. v. Townsend, 557 U.S. 404, 129 S. Ct. 2561