Personal injury: Exposure & expertise
The early summer edition of our Bodily Injury team's Newsletter is published this week. It places particular emphasis on the legal principle of 'maintenance and cure'. The breadth of exposure through this avenue of claim is not widely understood.
The seemingly limitless potential for punitive damages where owners fail to pay maintenance and cure, is explored as is the trend towards palliative treatment which raises the prospect of a continued cost for owners.
Other issues and developments that are covered include crew injury through falling overboard and parting mooring lines. The TMA Bodily Injury Newsletter can be downloaded from the Publications section of our website. Hard copies are being mailed to Members shortly.Save the date
The 20th and 21st September should be set aside for those who wish to join the TMA Bodily Injury team at their seminar in New Jersey. Always an extremely popular event, the seminar combines some expert instruction with engaging and practical hands-on case studies and workshops.
This year the event promises to be even better. The programme begins with reviewing good practice vs. bad practice in public relations following a major incident and also considers how to preserve privilege in such circumstances.
A unique case study has been prepared that will give participants a "fly on the wall" perspective on the inner workings of court process and reveal some of the assumptions and misconceptions that may influence outcomes on cases going before juries.
As always the seminar features a combination of external speakers and Thomas Miller Americas executives to guide debate and give full opportunity to Members to share their own expertise and experience.
If you wish to attend the seminar, please get in touch with your usual Thomas Miller Americas contact.
Members outside the Americas region should contact Mike Jarrett (TMA New Jersey) or Louise Livingston (TMA San Francisco).Mike Jarrett
Tel: +1 201 557 7343
Tel: +1 415 343 0121
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Australia: COVID-19 Update
Members are advised that effective 12:00pm, Thursday 22 July, South Australia transitioned from a 'low risk' state to a ‘medium risk’ state, advance warning of a FIC has also been given which will run in Australia from 1 August to 31 September 2021 to determine the level of compliance with the safety of navigation requirements of International Conventions and familiarity of the masters and officers with their processes for ensuring safety of navigation.
The UK P&I Club recently held the 16th in our series of Live Webinars, this time in collaboration with the Mission to Seafarers which focussed on Crew Health matters and in particular mental wellbeing.
Legal Update: US - Supreme Court rules that punitive damages are not recoverable by seamen in unseaworthiness claims
A US seaman sued his employer/vessel owner for injuries suffered on board a dredge vessel, alleging various claims which included negligence under the US Jones Act
Washington state supreme court rules punitive damages are available in seamen’s general maritime law claim for unseaworthiness.
Washington state supreme court rules punitive damages are available in seamen's general maritime law claim for unseaworthiness.