Recreational Fisherman May Seek Punitive Damages in Products Liability Action Under General Maritime Law

Thibodeaux v. T-H Marine Supplies, LLC, No. 21-00443-BAJ-SDJ, 2023 WL 3576232; 2023 U.S. Dist. LEXIS 8830 (M.D. La. May 18, 2023).

Authored By: Emma Aucoin

           This matter arose from injuries sustained by Plaintiff Keith Thibodeaux, a recreational fisherman, who alleged he was injured due to a defective motor manufactured by Defendant T-H Marine Supplies, LLC. Among other arguably less important issues, the District Court for the Middle District of Louisiana determined whether punitive damages are available in a products liability claim brought under General Maritime Law.

           In December 2020, Thibodeaux was fishing in the Atchafalaya Basin when his boat’s allegedly defective motor caused him to be thrown onto the floor of the boat. The injuries that resulted from this event are the foundation for his claims for punitive damages, failure to warn, res ipsa loquitor, and lost wages. The plaintiff’s claim for punitive damages was perhaps the most pressing matter before the court, as the remedy has been heavily debated in recent years.

           T-H Marine Supplies filed a Motion for Partial Summary Judgment to dismiss Thibodeaux’s claim for punitive damages. The court first addressed the defendant’s argument which was rooted in the holding of The Dutra Group v. Batterton, in which the Supreme Court held that punitive damages are unavailable in unseaworthiness actions due to the lack of a historical basis and to promote uniformity. Judge Brian Jackson distinguished this Supreme Court holding from the present case by noting that The Dutra Group specifically refers to unseaworthiness actions of a Jones Act seaman. Evidencing this distinction, Thibodeaux’s injuries resulted from a recreational fishing incident that took place on his own boat and no allegations were made regarding a vessel owned by the defendant. Furthermore, the Batterton analysis has not been applied to a products liability claim.

            The trial judge noted that courts have previously held “that punitive damages are recoverable in a products liability action brought under general maritime law,”[1] thus rendering Thibodeaux’s claim for punitive damages acceptable. Judge Jackson also held that there are factual issues which preclude summary judgment on the issue.

            Previous to this decision, there was no precedent for plaintiffs such as Thibodeaux. The law has left open the question of whether a recreational fisherman can recover punitive damages under General Maritime Law for personal injury in a products liability claim.

           We would like to thank Adam Davis of the Adam Davis Law Firm who brought this case to our attention.

[1] 2023 WL 3576232 at *8-*9.