Jones Act Seaman May Not Recover Nonpecuniary Damages from Third Party

Tuesday, November 23, 2004
The U.S. Court of Appeals for the Fifth Circuit ruled that a Jones Act seaman or his survivors cannot recover nonpecuniary damages from a non-employer third party. In the instant case, a seaman contracted (and eventually died from) silicosis while working as a sandblaster maintaining protective coatings on offshore oil platforms. Plaintiff seaman worked on vessels owned by defendant shipowner and wore allegedly defective hoods manufactured by defendant shoreside companies. The trial court held that plaintiff seaman (and then his survivors) were not entitled to recover nonpecuniary damages in the wrongful death suit against the shoreside manufacturers. Plaintiff survivors appealed. The appellate court held that a Jones Act seaman is not entitled to recover nonpecuniary damages in a general maritime action and that the uniformity principle dictates the same result in this situation. Scarborough v. Clemco Industries , No. 03-30985 (5th Cir., November 18, 2004). Source: HK Law
Maritime Reporter August 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Libya Plans to Sell Ex-rebel Tanker

Libya plans to sell a tanker that a former rebel group used in an attempt to bypass the Libyan government and export oil on its own last year, the Tripoli-based state prosecutor said on Thursday.

Turkey Detains 4 in Connection with Capsized Migrant Boat

Turkish police have detained four Syrians suspected of involvement in organising the passage of a boat which capsized, drowning 12 people including a toddler, as

Singapore Becomes Sea-Dispute Settlement Centre

The government of Singapore has become a venue in Asia to settle maritime disputes for proceedings before the International Tribunal for the Law of the Sea (ITLOS).

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Pipelines Port Authority Ship Electronics Ship Repair Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.4645 sec (2 req/sec)