Is your Maintenance Rate Too Low? Maintance and Cure, Injured Seaman and Punitive Damages

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9/8/2009
William Turley
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Is your Maintenance Rate Too Low? Maintance and Cure, Injured Seaman and Punitive Damages

IS YOUR MAINTENANCE RATE TOO LOW? THE U.S. SUPREME COURT SOUNDS THE BELL FOR SEAMAN IN HOLDING THAT PUNITIVE DAMAGES ARE AVAILABLE WHEN MAINTENANCE AND CURE IS WRONGFULLY NOT PAID TO INJURED JONES ACT SEAMAN

Bill Turley, a California Jones Act Attorney explains....

The US Supreme Court's decision in Atlantic Sounding Co. v. Townsend, 129 S. Ct. 2561 (U.S. 2009), is an affirmation of Jones Act Seaman's powerful rights and remedies.

In Atlantic Sounding, a crew member injured his arm and shoulder while working on the owner's tugboat. The owner told the crew member that it would not provide maintenance and cure. Resolving a split among the circuits, the Supreme Court held that punitive damages were available for willful and wanton disregard of the maintenance and cure obligation as a matter of general maritime law. Punitive damages had long been available at common law, a tradition that extended to maritime claims, including maintenance and cure claims. 46 U.S.C.S. § 30104 of the Jones Act did not eliminate preexisting remedies available to seamen for the common-law cause of action based on the right to maintenance and cure.

The Atlantic Sounding holding rests on the tradition of awarding punitive damages at common law for particularly reprehensible conduct, and the fact that the tradition extends to claims under the general maritime law. Maritime employers' obligation of maintenance and cure has been part of maritime law for centuries.

This decision is a victory for all Jones Act Seaman. The threat of punitive damages for wrongfully withheld maintenance and cure is extremely important. As you know, insurance adjusters and vessel owners routinely state that they will only pay $8.00 a day or some other ridiculously low maintenance rate.

Now, with Atlantic Sounding, injured Jones Act seaman and their Jones Act lawyers have a powerful remedy that will help enforce the rights of Seaman. Be sure to enforce your rights under the Jones Act and General Maritime Law.

Brought to you by: California Jones Act Lawyer.

Labels: california jones act attorney California jones act lawyer injured jones act seaman jones act lawyers jones act seaman maintenance and cure maintenance rate too low

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