Article by Robert L. Klawetter and Lewis E. Henderson
In recent years, decisions of the United States Supreme Court have attempted to untangle the complicated web of damages recoverable in maritime wrongful death actions. This Article explores the development of this area of the maritime law, beginning with an overview of the historical backdrop against which legislation and the courts subsequently fashioned recoveries. This Article examines issues involving the status of those who may seek damages and the extent to which they may recover. It also examines the tension between state and federal law and when state law, as well as the general maritime law, are preempted by federal legislation as a result of the accident's location in territorial waters or on the high seas and/or the status of the deceased victim as a seafarer or a nonseafarer. Finally, this Article reviews the extent of recovery for pre-death pain and suffering and of punitive damages.
About the Author
Robert L. Klawetter. Robert L. Klawetter is a partner in the firm of Eastham, Watson, Dale & Forney, L.L.P. and has a litigation practice specializing in the defense of maritime injury and death cases.
Lewis E. Henderson. Lewis E. Henderson is an associate of the same firm and graduated from Tulane Law School with an LL.M. in Admiralty.
Citation
72 Tul. L. Rev. 717 (1997)