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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.

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