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.. ____ 50cm in Diameter BPet nest dog cat litter cat sleeping bag four seasons universal pet closed house villa cat supplies winter warm diameter 50cmAndrewex wooden fence, fencing panel,garden fence,privacy 180 x 90, varnished, grey(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 140 CMExion Wave Over Lay Girth Navy bluee Elastic with White Lines English Horse Riding Equestrian Premium Tack Conker 130 CMCJSWT Pet Mats Stress Relief Supplies Pet Smelling Blankets Blankets Smelling Mats, yellowparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.(4 Pack) Petstages Crunchcore Chew Toy, LargeBenny Bullys 776310042275 Chops Beef Liver Dog Treats, 500g, Bulk.
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. 4030cm Foldable Summer Pet Cooling Mat, Pet Sleeping Mat,NonSticky Bite Resistant Kennel Mat for Home & TravelBeige MPLDDY pet bed Animal Nest, Pet Bed Cartoon Nest, Threedimensional Kennel Mat (color Beige, Size M)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. Busse Bridle COMFORT WB, black crystal duoBrown SmallGperw The Dog's Bed, Memory Foam Dog Bed Shu Cotton Velvet Using High Elasticities Slow Rebound Solid Memory Foam, Detachable and Washable Breathable Kennel Non Slip Cushion PadThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen