Punitive damages for maritime claims

Timothy Young

September 17, 2009

In a most recent United States Supreme Court maritime decision, it was ruled that injured seamen could be awarded punitive damages in addition to their maintenance and cure damages. Maintenance is the cost of lodging a person on the boat (food, room and board) after they have been injured. Care is the on-site medical attention received post-injury.

Edgar Townsend was a seaman and crewmember of the Motor Tug Thomas. He injured his arm and shoulder by falling on the steel deck. Afterwards, his Jones Act employer and the owner of the tugboat, Atlantic Sounding informed him that he would not receive maintenance and care. This was an obligation's of the owners under the Lewis federal precedent.

Townsend filed suit alleging maintenance, care and punitive damages for willfull and arbitrary failure to pay maintenance and care. An interlocutory appeal was filed which resulted in the court ruling in favor of punitive damages. This was appealed again and this time the Supreme Court firmly established that punitive damages were not only a general remedy in common law and maritime law, but that willful neglect and/or outrageous conduct was exactly the kind of behavior that punitive damages meant to deter.

The establishment of 45 Sec. (51-60) did not limit the remedies that could be sought. It merely outlined that negligence would be the measuring bar for liability. It in no way limits remedies or bars the common law rule of punitive damages or remedies in general

This new case on maintenance and cure law will help protect injured seaman and allow them to obtain medical treatment and compensation while they are injured. Now a Jones Act employer may think twice before wrongfully denying medical treatment and compensation to an injured seaman.

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Edgar Leo Townsend Jr  - Its all about the Brotherhood of the Sea and not m   |98.231.66.xxx |2009-09-28 09:23:19 I am the Injured Seaman in this Case. Iwant to get some things straight about t he day of my Injury.. First off I did not slip and fall.A Mate ran up be hind me and while I had both hands on the bridle a nd was in the process of taking the pin out I was Pushed to the Steel Deck and landed on a Deck plat e with all 30 something Studs sticking up about an inch, The boat went in reverse-The swell w ent dow n and all the Towing gear fell on top of me..Is th at a slip and fall? T hat has bothered me during th is whole precedding.I hope that part of the record is straight now..Thank you,Edgar"Eddie" T ownsend Jr

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