§ 21.6 Additional Property Damage Rules in Admiralty

• Library: Damages (OSBar) (2016 Ed.)

§ 21.6 ADDITIONAL PROPERTY DAMAGE RULES IN ADMIRALTY+++++

§ 21.6-1 Nominal Damages

Admiralty does not recognize nominal damages; they are not recoverable. Herbst v. The Asiatic Prince, 97 F 343, 345 (SD NY 1899), aff'd sub nom The Asiatic Prince, 108 F 287 (2d Cir 1901), cert den, 183 US 697 (1901); Hewlett v. Barge Bertie, 418 F2d 654, 656 (4th Cir 1969), cert den, 397 US 1021 (1969).

§ 21.6-2 Punitive Damages

Under general maritime law, punitive damages may be recovered when a wrongdoer acts "willfully and with gross disregard for the plaintiff's rights." Complaint of Merry Shipping, Inc., 650 F2d 622, 625 (5th Cir 1981). Although punitive damages are not favored in the law, the Ninth Circuit has held that they are available under specific circumstances. Protectus Alpha Nav. Co. v. N. Pac. Grain Growers, Inc., 585 F Supp 1062, 1068 (D Or 1984), aff'd, 767 F2d 1379 (9th Cir 1985). General maritime law allows punitive damages for property damage as a result of conduct by a defendant that either manifests recklessness or callous disregard for the rights of others or that shows gross negligence, actual malice, or criminal indifference. See Consol. Aluminum Corp. v. C.F. Bean Corp., 639 F Supp 1173, 1183 (WD La 1986), aff'd, 833 F2d 65 (5th Cir 1987) (under general maritime law, punitive damages may be recovered, but a "principle or master cannot be cast [liable] for punitive damages for the willful or reckless act of an agent or employee unless the act was committed with the approval and knowledge of the principle").

A claim for punitive damages does not give rise to a maritime lien. Since an action against the vessel in rem is available only if based on a maritime lien, punitive damages are not recoverable in an action in rem. A claim for punitive damages can be asserted in personam only against the vessel owners or operators, not against the vessel itself. Hunley v. Ace Mar. Corp., 927 F2d 493, 496 (9th Cir 1991).

Punitive damages are available in...