2019年6月24日，美国最高法院对Dutra Group v. Batterton一案作出的裁决将对美国人身伤害索赔中可获得的损害赔偿产生重大影响。案件呈现的问题是《琼斯法案》下海员是否可根据其工作船只的不适航性造成的人身伤害获得惩罚性赔偿。
案件背景源于一起事故，被上诉人Christopher Batterton在上诉人Dutra Group拥有的一艘船上工作时因舱门冲开导致手受伤。Batterton起诉Dutra Group，主张各种索赔要求，包括不适航为由提出的一般性和惩罚性损害赔偿。Dutra Group拒绝惩罚性赔偿的要求，并辩解惩罚性赔偿并不适用于船舶不适航案件。加州法院驳回了Dutra Group的请求，并且第九巡回上诉法院给予肯定。
详细信息请参阅附件。
US Supreme Court Ruling on Punitive Damages
The US Supreme Court ruling on 24 June 2019 in The Dutra Group v. Batterton will have an important impact on the damages which may be recoverable in US personal injury claims. The issue presented in the case was whether a Jones Act seaman can recover punitive damages in a personal injury suit based on the unseaworthiness of a vessel on which he was working.
By way of background, the case stemmed from an incident in which respondent, Christopher Batterton, was working on a vessel owned by petitioner Dutra Group when a hatch blew open and injured his hand. Batterton sued Dutra, asserting a variety of claims, including unseaworthiness, and seeking general and punitive damages. Dutra moved to dismiss the claim for punitive damages, arguing that they were not available on claims for unseaworthiness. The California district court denied Dutra’s motion and the Ninth Circuit affirmed.
See attached file: US Supreme Court Ruling on Punitive Damages.pdf
Gulf of Guinea Remains A High-risk Area For Seafarers
The effect of piracy on crew and their safety continues to be a cause for concern and transiting West African waters remains particularly difficult. In the first half of 2019, 73% of all kidnappings at sea, and 92% of hostage-takings, took place in the Gulf of Guinea.
Of the 75 seafarers taken hostage onboard or kidnapped for ransom worldwide so far this year, 62 were captured in the Gulf of Guinea – off the coasts of Nigeria, Guinea, Togo, Benin and Cameroon, states the International Maritime Bureau’s (IMB) in its half-year report published on 8 July 2019.
See attached file: Gulf of Guinea Remains A High-risk Area For Seafarers.pdf
