American seamen have three avenues of recovery against a shipowner in respect of injuries sustained on board a ship: maintenance and cure; the Jones Act; a claim of unseaworthiness.
Punitive damages are available for the first of these, but not the second. The position as regards unseaworthiness was, until recently, unclear with a Circuit split on the issue. This has now been resolved by the Supreme Court’s decision in Dutra Group v Batterton ,588- U.S.. ____ Grand Basset Griffon Vendeen, memorial, urn for dog's ashes, with dog statue, ArtDogGrey White YKDY Dog Bone Pattern Big Soft Warm Kennel Pet Dog Cat Mat Blanket, with Blanket Size XXL, 120×90×18cm (Black Grey) (color Grey White)(2019) , to the effect that punitive damages are not recoverable. The overwhelming historical evidence was against such damages being available in an action for unseaworthiness. A novel remedy could not be sanctioned unless it is required to maintain uniformity with Congress’s clearly expressed policies, 8 shiYsRL Cat Kitten Scratcher Pad Board ，Cardboard Scratch-Resistant Claw Interactive Toy 8 Kess InHouse Snap Studio Crazy Trees Frost Pet Bowl, 7-Inch, Rainbowparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Barrier Cod Liver Oil x 5 LtBLACK S BLACK S Dog Vest Harness, Chest Strap Training Anti-Breakaway Teddy for Small Medium Large Dogs Vest Safety Buffer Pet Outdoor Walking Rope Supplies (color Black, Size S).
To allow punitive damages on unseaworthiness claims would create bizarre disparities in the law. First, a mariner could make a claim for punitive damages if he was injured onboard a ship, but his estate would lose the right to seek punitivedamages in a wrongful death action if he died from his injuries. Buckle-Down Pet Leash Captain America Shield Repeat Navy 6 Feet Long 1 WideBuckle-Down Flaming Dog Collar BoneSecond, because unseaworthiness claims run against the owner of the vessel, the owner could be liable for punitive damages while the ship’s master or operator—who could be more culpable—would not be liable for such damages under the Jones Act. 48 Pack CleanHealthy Pets Disposable Bowls 48 PackAdult Funeral Urn Ceramics Large Capacity Double Cover Seal Moisture Proof Handcrafted Cremation Urns for A Small Amount Human Or Pets AshesThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen