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.. ____ ANDRE pet supplies Pet Mat Small Medium Pet Sleeping Mat Puppies Blanket Cat Dog Nest Bite Resistance Pet Supplies Pet Bed Dog Mat16.5” Inch Seat Manaal Enterprises Adult Western Trail Barrel Racing Premium Leather TREELESS Horse Saddle Tack Size 14 to 18 inch Seat Available (16.5 Inch Seat)(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, Black 7.5 US Black 7.5 US Women's Fashion Boots Suede Winter Boots Flat Heel Round Toe Booties Ankle Boots BlackKelly Silver Star Silver Hackamoreparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.3.0feet Pet Fence Dog Cage with Skylight Folding Metal Dog Crate Perfect Kennel for Small-to-Medium Sized Pets and Other Family Pets,3.0feetbluee Erlvery DaMain Large Triangle Potty Trainer Corner Litter Bedding Box Pet Pan for Small Animal Rabbit Guinea Pig galesaur Hamster Ferret (bluee).
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. C Premium Dog’s Bed, Dog Bed Cat Nest Pet Nest Pet Bed Universal Removable and Washable Pet Small and Medium Dogs Summer Cool Nest 70 60 23Cm (color C)Maerye Space Bag Pet Backpack cat bag out portable pet bag breathable Pet Supplies pet transport bag suitable for 4-6 kg or so dogSecond, 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. B Medium B Medium Pet house Winter Kennel, Comfortable Pet Cat Bed Soft Cushion Short Velvet Fabric Dog Bone Pattern (color B, Size M)DIYthinker Don't Look Back Inspirational Quote Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen