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.. ____ 140×70×180cm ZAQ Greenhouse Shelf Large Walkin Garden Grow House, Steel Frame, Ideal for Propagating Seeds and Bringingon Plants (Size 140×70×180cm)Amazing Pet Products Latex Dog Toy, 2Inch, Needle Ball by Amazing Pet Products(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, Basics SoftSided Pet Travel CarrierC WSJTT Double Stainless Steel Dog Cat Bowls with Double Bowl NonSlip Dog Bowl Double Bowl Pet Plastic Bowl Dog Food Bowl Cat Bowl for Pet Food and Water Feeder (color B)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Big Cat Tree Tower Condo Furniture Scratch Post Cat Jumping Toy with Ladder for Kittens Pet House Play,DCat Sunbathing Hammock Sucker Hanging Bed Cat Nest Cat Hammock Cat Mat Pet Supplies.
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. Antos Cerea Eurostar Assorted Large 26cm (Pack of 50)Black Manba Dog&cat Bed Folding Ventilation Dog Basket Multicolor Wehelping Bed For Small Medium Large Dogs Pet (color Green, Size Small)Second, 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. Alapet 360 Degree redating Buckle Comfortable Handle Does Not Hurt The Hand Fashion Beautiful Red and bluee Two colors Optional The Same color BowKnot Handle Leash Dog SuppliesA Double Bowl pet Feeding Supplies,Puppy Kitten BowlBThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen