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.. ____ Bonaweite Cat Climbing Frame Scratch Sisal Cardboard Tree House, Pet Holding Jumping Platform, Kitty Pillar Plate Grinding Claw with Pets ToysBrown dark brown 125 cmEurori Ding Outdoor Blanket Stormy(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, AETERTEK Pet Dog E Electric Shock Collar Remote Training Collars Bark Collar No Stop Barking Device for Small Dogs AT211D Updated (For one dog training system)Challenger XL Miniature Weanling Donkey Pony Horse Foal Fly Sheet Mosquitoes Pink 51801particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Big Shrimpy 7459 Catalina Classic Faux Suede Bed, Medium, TruffleB Blesiya 2 Floors Storey Syrian Dwarf Hamster Cage Mouse House with Slide Spinning Bottle Bowl (orange).
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. 48inch QPSON Aquarium Light LED Round Aluminum AlloySMD50RGB Remote Aquarium Light (25inch)CKH Cat Litter Winter Warm Autumn And Winter Cat House Cat House Net Red Kitten Sleeping Nest Ins Deep Sleep Cat Litter PadSecond, 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. CHONGWUCX Waterproof pad at the end of the desirable pet bed dog nest cat litter2 in 1 Cat Dog Bed Pet Cave & House Cute Space Cap Style House (color bluee)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen