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
You may also be interested in:
The UK P&I Club recently held a Webinar on the subject of Mooring operations and safety; the Webinar received overwhelming response with about 2350 registrations from 78 countries.
Hold Cleaning: the legal issues
The preparation of cargo holds for the next intended carriage is a critical operation which requires careful planning and execution; this article considers a number of legal issues which may arise, including terms commonly used in charterparties to describe the cleanliness of cargo holds, the consequences of failing to comply with such terms, potentially resulting in off-hire claims and damages, and the role of the independent surveyor.
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