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.. ____ Hot Creative Pet Cat Kitten Chewing Cat Toys Catnip Stuffed Fish Interactive Kitten Product Cats Products for PetsH&YL Pet Carrier Dogs & Cats, Portable Soft-Sided Air Travel Bag Small Medium Dog Cat Bag Waterproof Pet Car Seat Travel Collapsible Soft Side Dog Crate Kennel Puppies 48 25 33Cm,C5(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, Cat Tree, Kitten Grab Column Post Pet Play Tower Activity Center, Cat Scratch Board Grinding Paw Resting 35 35 45CM (Beige)B 7090CM B 7090CM JBP Max Dog Bed Cat Nest Pet Nest Pet Bed Dog Mat Blanket Autumn Winter Warm Bite-Resistant Pet Mat,B,70 90CMparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Lafeber Classic Nutri-Berries Parred Food 20 lbHorse Farrier Tool Kit Grooming 8 PCS Full Professional Complete KIT.
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. 100cm Bunny Home Rabbit Guinea Pig Animal Cage Hutch Habitat Wheel Stand HouseDIYthinker LGBT Rainbow Flag Great Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftSecond, 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. Aqueon Syphon Vacuum Gravel Cleaner, Large 25cm[DOGCHOiCE] DOGCOS Dog Costume cute dog for the costume series (Ladybug S)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen