February 25, 2014 (Press-News.org) The United States Court of Appeals for the Fifth Circuit recently ruled that the victims in a drilling rig accident on a Louisiana waterway may seek "punitive" damages in their lawsuit against the company. The accident resulted in the death of one seaman and injuries to three others.
Because the accident occurred on a barge on a navigable waterway (Bayou Sorrell), the matter is covered by maritime law.
While the lower court agreed with the company's argument that this particular claim for damages is not available under statutory maritime law, the federal appeals court ruled that punitive damages were available - in relation to unseaworthiness - prior to the passage of the relevant legislation.
Federal appeals court rules that punitive damages are available to the victims in a drilling rig accident on a waterway
The accident occurred on a barge supporting a drilling rig mounted on a truck. As the judgment of the Fifth Circuit U.S. Court of Appeals explains, crew members were performing maintenance activities when the rig and truck toppled over. One seaman was killed and three others were injured.
The resulting lawsuits against the drilling company - which were consolidated into McBride v. Estis Well Service - claimed that the vessel was unseaworthy and sought "punitive" damages (as well as other remedies). However, the judge in the original court proceedings dismissed this aspect of the lawsuit.
A commentary on the case in the Louisiana Record (an online legal journal) identifies the main issue in the appeal as "whether seamen may recover punitive damages for their employer's willful and wanton breach of general maritime law duty to provide a seaworthy vessel."
After a careful review of the historical development of maritime law in the United States, the federal appeals court reversed the lower court's decision and ruled that punitive damages are available in this set of circumstances.
Statutory law does not preclude previous legal avenues under maritime law
The judges explain that the relevant statutory laws passed in the twentieth century (primarily the "Jones Act") were not intended to limit the legal options previously available to injured parties under maritime law.
An article on McBride v. Estis Well Service in the online journal of the Louisiana State Bar Association explains that the appeals court ruled in favor of the victims because "unseaworthiness was established as a general maritime claim before the passage of the Jones Act."
Anyone injured in an incident on Louisiana's waterways should contact a personal injury attorney with expertise in the area of maritime law. A lawyer with relevant experience can provide timely advice and vigorous representation tailored to this specialized legal field.
Article provided by Charbonnet Law Firm, LLC
Visit us at www.charbonnetlawfirm.com
Seamen injured on Louisiana drilling rig may seek "punitive" damages
The United States Court of Appeals for the Fifth Circuit recently ruled that the victims in a drilling rig accident on a Louisiana waterway may seek "punitive" damages.
2014-02-25
ELSE PRESS RELEASES FROM THIS DATE:
Estate planning considerations common to baby boomers in Colorado
2014-02-25
If you were born between 1946 and 1964, you are a member of the baby boomer generation. At the end of World War II, returning military personnel married in droves and, shortly thereafter, had many babies, creating a "baby boom." As this generation of children aged, they gained a reputation as the wealthiest and most physically fit generation of their time.
Whether due to a struggling economy or the high cost of long-term medical care, the parents of baby boomers often do not have many financial resources to leave behind as they pass away. However, longevity ...
Statistics show PA workers' comp prescription costs among highest
2014-02-25
The workers' compensation system provides a crucial safety net for people hurt on the job, as anyone in Pennsylvania, who has faced a workplace injury knows. Unfortunately, recent reports indicate that Pennsylvania is among the states with the highest workers' compensation program costs resulting from physician dispensing of prescription drugs. Although this may not directly affect people who draw on workers' compensation, it could put a financial strain on the workers' compensation system, making it harder for injured workers to receive the benefits they are entitled to.
Repackaging ...
How old is too old to drive? The answer varies
2014-02-25
As our loved ones get holder, we owe it to them to do our part to help them stay safe and healthy. In some cases, this may mean having a difficult discussion about whether your elderly friend or relative should still be driving a car.
Some elderly people will be able to drive safely for their entire lives. However, for others, the physical and mental changes that come with getting older substantially increase the likelihood of a serious, or even fatal, car accident.
Recognizing the warning signs
Because age related changes often come on gradually, it can be hard ...
SSA increases oversight of judges in disability determinations
2014-02-25
In an effort to improve consistency in the disability determination process, the Social Security Administration recently announced plans to step up its oversight of the administrative law judges who are responsible for awarding or denying disability benefits.
The Social Security Disability Insurance program provides financial benefits to people who are unable to work because of a mental or physical disability. The program has increased substantially in the years since the U.S. economy took a downturn in 2008, and there are now approximately 11 million people receiving ...
Report urges Connecticut to pass new laws to make its roadways safer
2014-02-25
Many motorists in Connecticut have experienced a situation where they narrowly avoid being in a car crash. These near-misses often provide an excellent reminder of how important it is to practice safe driving habits. While the state has taken a very aggressive approach to distracted driving, there are still opportunities to improve safety for all motorists.
A recent report by the Advocates for Highway and Auto Safety examined traffic safety rules across the United States. Connecticut ranks in the middle of the pack, as the agency feels that the state could pass additional ...
Investigative sting uncovers a purported sex trafficking operation
2014-02-25
A lengthy investigative operation, which narrowed in on sex trafficking at the recent Super Bowl, has led to the ultimate liberation of 25 child prostitutes and the detention of at least 45 individuals. The adult suspects have been arrested for purportedly exploiting young children as prostitutes in New Jersey, federal authorities indicate.
According to a spokesperson from the Criminal Investigative Division of the FBI, "High-profile special events, which draw large crowds, have become lucrative opportunities for child prostitution criminal enterprises."
The ...
Can you make your spouse leave the marital home in an Illinois divorce?
2014-02-25
In many cases, one spouse voluntarily leaves the home when a couple decides to divorce. However, some spouses refuse to leave the home, even though the other spouse tries to force the issue. Illinois law does allow one spouse to make the other leave in certain cases, and an appellate court ruling handed down in June 2012 helped clarify when one spouse can make the other leave their home.
Illinois law about possessing the marital home
There are two ways that a person can force his or her spouse to leave the marital home in Illinois. A person can file a petition for ...
Bankruptcy protection extends to people from all walks of life
2014-02-25
The perceived social stigma attached to bankruptcy makes filing for financial protection unattractive to some. Many people worry how bankruptcy will affect their credit rating, future purchasing power and their ability to provide for their family. Bankruptcy can feel like "giving up" -- there may be feelings of personal failure, or guilt and shame when contemplating bankruptcy. But bankruptcy is not waving a white flag of surrender; it is acknowledging a tricky problem and resolving it in the best way possible. Contrary to many popular notions, bankruptcy is a ...
Massachusetts court allows both former spouses to teach children religion
2014-02-25
A recent ruling of the Massachusetts Appeals Court amends a divorce judgment to allow the mother to provide religious education to the children of the marriage. The mother had appealed the divorce judgment, arguing that the paragraph prohibiting her from providing Christian education to the children violated her constitutional rights.
After affirming that the objective of child custody arrangements is to serve the best interests of the children, the court determined that no harm would result from the provision of Christian instruction to the children (in addition to ...
Avoiding probate and estate planning pitfalls and misdeeds in Arizona
2014-02-25
You hear it in the news all too frequently; another senior citizen is at the receiving end of a scam and loses his or her hard-earned lifesavings. Unfortunately, it has happened again and, this time, an Arizona man is behind elder fraud claims.
The recent scam came to light early in February when the Minnesota Attorney General's office filed a lawsuit alleged consumer fraud and deceptive trade practices against a company operating in that state. Heritage Partners hosts seminars to discuss estate, living trust and probate topics, selling hundreds of attendees estate planning ...
LAST 30 PRESS RELEASES:
New, embodied AI reveals how robots and toddlers learn to understand
Game, set, match: Exploring the experiences of women coaches in tennis
Significant rise in mental health admissions for young people in last decade
Prehab shows promise in improving health, reducing complications after surgery
Exercise and improved diet before surgery linked to fewer complications and enhanced recovery
SGLT-2 drug plus moderate calorie restriction achieves higher diabetes remission
Could the Summerville ghost lantern be an earthquake light?
Will the U.S. have enough pain specialists?
Stronger stress response in monkeys helps them survive
Using infrared heat transfer to modify chemical reactions
Being a ladies' man comes at a price for alpha male baboons
Study shows anti-clotting drug reduced bleeding events in patients with atrial fibrillation
UMaine-led team develops more holistic way to monitor lobster industry
Antiviral protein causes genetic changes implicated in Huntington’s disease progression
SwRI-led PUNCH spacecraft make final pit stop before launch
Claims for the world’s deepest earthquake challenged by new analysis
MSU study finds children of color experience more variability in sleep times
Pregnancy may increase risk of mental illness in people with MS
Multiple sclerosis linked to higher risk of mental illness during and after pregnancy
Beyond ChatGPT: WVU researchers to study use and ethics of artificial intelligence across disciplines
Ultrasensitive test detects, serially monitors intact virus levels in patients with COVID-19
mRNA-activated blood clots could cushion the blow of osteoarthritis
Three rockets will ignite Poker Flat’s 2025 launch season
Jared M. Kutzin, DNP, MS, MPH, RN, named President of the Society for Simulation in Healthcare
PET probe images inflammation with high sensitivity and selectivity
Epilepsy patient samples offer unprecedented insights on brain ‘brakes’ linked to disorders
Your stroke risk might be higher if your parents divorced during your childhood
Life satisfaction measurement tool provides robust information across nations, genders, ages, languages
Adult children of divorced parents at higher risk of stroke
Anti-climate action groups tend to arise in countries with stronger climate change efforts
[Press-News.org] Seamen injured on Louisiana drilling rig may seek "punitive" damagesThe United States Court of Appeals for the Fifth Circuit recently ruled that the victims in a drilling rig accident on a Louisiana waterway may seek "punitive" damages.