(13) Miles also has been used as the foundation to refuse punitive damages in seaman cases alleging unseaworthiness
and negligence under the Jones Act.
found in favour of the underwriters on the unseaworthiness
point but concluded that the Section 17 point failed both on the law and the facts.
Sieracki held that a longshoreman covered by the LHWCA but performing the traditional work of a seaman could sue the vessel on which he was injured for unseaworthiness
, a remedy previously available only to seamen.
539, 549 (1960) (applying a uniform standard of unseaworthiness
); McAllister v.
claims including unseaworthiness
, negligence under the Jones Act,
of the vessel contributed to their injuries.
They sought medical monitoring under the Jones Act and theories of unseaworthiness
, maintenance and cure, as well as the intentional torts of assault and battery and intentional infliction of emotional distress.
amounts to unseaworthiness
."); In re Adventure Bound Sports, Inc., 837 F.
plaintiff also brought general maritime tort claims of unseaworthiness
(135) Following settled principles of maritime law, Justice Brown concluded that seamen who fall ill or are injured are entitled to maintenance and cure, wages to the end of the voyage and an indemnity for injuries caused by the unseaworthiness
of the vessel.
The plaintiff was injured when he attempted to lift a joint of tubing that had fallen from the barge, and he sued under the Jones Act and general maritime law for unseaworthiness
. The defendant's motion for summary judgment was granted by the district court, holding that Rig 3 was not a vessel.
Although the law does not require that a contract delineate each and every risk, courts have generally looked for "talismanic language"--that is, certain specific terms reflecting the parties' intention that the indemnitee be indemnified for claims caused by its own negligence, strict liability, punitive damages, the unseaworthiness
of vessels, or for defects or conditions pre-existing the contract, etc.