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.. ____ L Geode bluee, Designer Cotton Dog Collar, Adjustable Handmade Fabric Collars (L) by Ruff RoxyDean & Tyler D&T WFUN KMEIRISH BK-XS Works Fun Harness, Kiss Me I Am Irish, X-Small-Fits Girth, 53cm to 66cm, Black 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, 4872cm Big-time Electric Pet Heating Pad,Pet Heating Pad for Dog Cat,Indoor Waterproof Adjustable Warming Bed Mat with Chew Resistant Steel Cord,Soft&Safe,Overheat Predection60X60cm DIYthinker Luxembourg Flag National Emblem Anti-Slip Floor Pet Mat Round Bathroom Living Room Kitchen Door 60 50Cm Giftparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Dean & Tyler Presents Sprenger Large Fur Saver Collar Long Link FUR Saver DOG Collar Made of Brass Size 64cm By 4mm Herm Sprenger Original This FUR Saver Recommended By VDH Member of F.c.i. Available in Different Size. (53cm, 58cm, 64cm, 66cm, 71cm, 76cDIYthinker Colourful Butterfly in Dots Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift.
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. Dean and Tyler 4 Row Spikes , Extra Wide Dog Collar with Strong Nickel Spikes Brown Size 32-Inch by 2-1 4-Inch Fits Neck 30-Inch to 34-InchImagine This Wood Breed Decorative Mortgage Sign, Cairn TerrierSecond, 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. 1 pet bag Cat Out Portable pet Breathable Backpack Out Shoulder Ventilation Stripe Bag Dog Carrying Portable Crossbody BagLarge AIDELAI Cat Litter Kennel Cat Dog Pet Bed Mat Autumn And Winter Keep Warm Comfortable Soft Detachable Wash (Size L)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen