Maritime Case Law Update – Punitive Damages Not Recoverable in Unseaworthiness Actions

June 25, 2019 by on News

For years, a split in the federal circuits existed on whether punitive damages were recoverable by a seaman in a personal injury claim based on a breach of the general maritime duty to provide a seaworthy vessel.  The Ninth Circuit had held such damages were recoverable whereas the Fifth Circuit had held that they were not.  The issue was before the Supreme Court to resolve this conflict.  On June 24, 2019, in an opinion authored by Justice Alito, the Supreme Court has decided that a seaman cannot recover punitive damages in unseaworthiness actions.  See The Dutra Group v. Batterton, No. 18-266 (June 24, 2019).  This is certainly good news for vessel owners.

Mark K. Eckels
Shareholder / Practice Group Leader
Direct: 904.353.6244
Email: meckels@boydjen.com

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