Unfortunately, the federal appellate courts have cancelled that out in maritime cases. They apply a watered-down “reasonable care” standard instead.
That reasonable care standard applied in maritime law is prevalent in tort law in general. If you have a case pending, your attorney could outline for you why the protection afforded by the standard is not a weak one, if it is examined thoroughly by an experienced maritime practitioner. If your question is in the realm of research, you will encounter other standards as well under maritime law, including those that give rise to punitive damages, depending on the situation. If you're doing this in the realm of research, it is a broad topic because courts can apply a number of standards, according to the conduct of the defendants and the setting, ranging from shipboard collision to commercial mariner benefits for maintenance and cure.
Tim Akpinar
