Section 11.22 Loss of Society

• Library: Tort Law 2016

H. (§11.22) Loss of Society

The U.S. Supreme Court recognized a cause of action for loss of society under the general maritime law in American Export Lines, Inc. v. Alvez, 446 U.S. 274 (1980). Loss of society "embraces a broad range of mutual benefits each family member receives from the others’ continued existence, including love, affection, care, attention, companionship, comfort, and protection." Id. at 275 n.1 (quoting Sea-Land Servs., Inc. v. Gaudet, 414 U.S. 573, 585 (1974)).

Loss of society is somewhat broader than loss of consortium in that it is available to family members other than the spouse. Loss of consortium includes pecuniary benefits, while loss of society is nonpecuniary in nature. Cruzv. Hendy Int’l Co., 638 F.2d 719 (5^th Cir. 1981). Pecuniary damages that are not recoverable include:

the value of home nursing services; loss of the services that would have been provided to the marital partnership or family member, for example, the cost of employing third persons to perform household tasks; and loss of support provided by the injured party.

These damages are embraced in the physically injured party’s claim. See id. at 726–27. There is no recovery for anguish or grief as a part of the loss-of-society remedy under the general maritime law. Sea-Land Servs., 414 U.S. at 585–86.

Miles v. Apex Marine Corp., 498 U.S. 19 (1990), prohibited the recovery of nonpecuniary damages, including loss of society and punitive damages, in general maritime wrongful...