Exxon Valdez case - Punitive damages allowed under maritime law

The United States Supreme Court issued its long-awaited decision in the Exxon Valdez oil spill case.
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You can read the Court's opinion by clicking here.

Once again siding with big business over the rights of individuals and families, the Court sliced down the punitive damage award from $2.5 billion dollars to $500 million dollars.

Setting aside the fact that $500 million represents less than one day of profit for Exxon Mobil, and the fact that the Court basically just made up a number out of thin air, and the fact that the punitive damage award, while large, is a drop in the bucket for Exxon, the Court once again shows a disturbing lack of confidence in the ability of American citizens to serve on juries, listen to evidence, and reach decisions.

Essentially, 8 lawyers from Washington D.C., most of whom have never actually tried a lawsuit themselves, and none of whom has any real idea what the Valdez spill did to thousands of Alaskan families and citizens, have once again substituted their judgment for the jurors and judges who actually heard the evidence in the case and reached a decision. 

The silver lining

The silver lining in the case is that the justices, perhaps unwittingly, seem to have recognized that punitive damages are recoverable in maritime law. 

For decades, most lawyers who represent Jones Act seaman and injured maritime workers have been under the impression that punitive damages were most likely not available in these types of cases.

What this has meant, as a practical matter, is that maritime defendants could treat the injured workers as poorly as they wanted, be as unsafe as they wanted, and avoid any sort of responsibility or threat of punitive damages.

The Exxon Valdez case seems to take away that defense.  Which is very helpful for injured workers, and, suprisingly from this Court, not quite as helpful to big business and insurance companies.

What do you think about the Exxon Valdez case?  Did the Court get it right?  Or should the Court defer to the jurors who actually heard the evidence and rendered a verdict?

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

Preventing slip and fall injuries offshore - The importance of using non-skid surfaces on floors, ladders, and stairs

Any ship, rig, barge, or boat owner who doesn't use non-skid or non-slip coatings or surfaces whether workers walking (any walking or working surface) is not living up to his responsibility to protect workers on the vessel from injury.

Maritime work can be some of the most rewarding types of employment you can find, both personally and financially.  Maritime work can involve working on a jack-up oil rig in the Gulf of Mexico, a transport vessel plying the open oceans,  working barges in the intercoastal waterways or Mississippi River, or anything else involving working on the rivers or open seas. 

But maritime work can be hazardous if the ship or barge owners do not take proper precautions to protect employee safety.

One of the more common causes of injuries on boats, barges, offshore oil rigs, and other floating vessels involves slips and falls. 

Since maritime work necessarily involves working over, near, in, or around water, the walking and working surfaces get wet.  And that means slippery conditions.  Plus, the stairways and ladders on boats and rigs are often in tight quarters and very steep, making them even more potentially dangerous.

Slips and falls can result in extremely serious injuries.  Broken bones, back and neck injuries, knee, shoulder or elbow injuries, and even serious head injuries can result from slips and falls.

How do you protect yourself?

First, always try to be aware of where you are working and walking.  Keep floors and other walking and working surfaces free of debris, water, grease and other slippery substances.  Clean up spills as soon as they occur.

More important, perhaps, the captain or vessel owner should ensure that all walking and working surfaces are coated with some sort of non-slip or non-skid materials.  Anyone who works offshore knows that it is impossible to keep the surfaces clean of debris or slippery substances 100% of the time.  That's why it's so important for the shipowners to coat the walking surfaces with non-slip materials.

Any ship or vessel owner who doesn't maintain properly non-slip walking or working surfaces is not keeping the vessel properly maintained and could be liable under the Jones Act to any worker who is injured as a result.