When you require an outstanding New Orleans Jones Act lawyer, the legal team at Schechter, McElwee, Shaffer & Harris, L.L.P. is ready to zealously advocate for your position, based on our up-to-date knowledge of statutory and case law.
Among the latest updates in maritime law is the the U.S. Supreme Court’s December 2018 decision to hear the case Batterton v. Dutra Group. The injury in Batterton involved a faulty exhaust system, causing a hatch cover to burst open and crush a worker’s hand. The issue before the court? Whether, under the Jones Act, seamen are entitled to punitive damages for unseaworthy vessel claims.
The U.S. Fifth Circuit held in McBride v. Estis Well Service (2014) that they are not entitled. But the Ninth Circuit, in Batterton v. Dutra,recently found that plaintiff Christopher Batterton, a Jones Act ship worker, may recover punitive damages for a hand injury. In contrast, the ship owner argued that punitive damages have been out of reach since the Supreme Court’s Miles v. Apex Marine Corp. decision.
Ship Owners May Face Broader Exposure to Injury Claims
Batterton, which involves a ship owned and operated by the Dutra Group of San Francisco Bay, is a case to watch. The Supreme Court’s resolution of the circuit split will restrict or expand the exposure of energy companies, employers and ship owners for Jones Act workers’ injuries. Typically, insurance policies do not cover punitive damages.
The federal Jones Act controls liability of operators and employers for ship worker injuries. This law guides courts in assessing the compensation due for any seaman’s injuries in navigable U.S. waters. An injured seaman can recover damages when the employer or a co-worker’s negligence causes a maritime injury.
As the damages are statutory, the worker can’t assume the risk and thereby lose out on damages. That said, damages depend on a showing of fault, negligence, or a defect in the vessel or its equipment. The facts must show that the ship’s defect caused the worker’s injury or disability.
Obtain Advice From a Seasoned Expert in Maritime Cases
There are time limits to Jones Act claims. For some workers, the Longshore and Harbor Workers’ Compensation Act may control injury claims. A lawyer can ascertain which law applies when laws appear to conflict. A seasoned maritime law expert can also discern whether a person qualifies as a seaman under the law at the time and place of the injury, and where to file to optimize a client’s result.
When you need a Jones Act attorney in New Orleans, LA, call on Schechter, McElwee, Shaffer & Harris, L.L.P. for a confidential case evaluation at no charge. You may call any time, 24/7, at 800-836-5830.
