Lloyd's Maritime Law Newsletter
Baptiste v. California Superior Court for Los Angeles (California Court of Appeals)
Punitive damages awarded against shipowner
The plaintiff sought compensatory and punitive damages from the owner of vessels in which he had served. He alleged that he
worked in the engine-rooms of these vessels for many years without knowing the danger from excessively high noise levels.
He claimed that the shipowner had such knowledge and that the owner had decided to recommend the use of earplugs rather than
reducing the level of noise because of the short remaining life of the ships involved. The issue brought to the California
Court of Appeals was whether the seaman could seek punitive damages. Few cases have approved the award of punitive damages
but no Federal case had actually precluded such an award in Admiralty as a matter of law.