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.. ____ 2pcs Dog Frisbee, Dog Flying Disc, Large Dog Frisbee Indestructible Rubber Squeaky Float Toys Pet Training Outdoor Toys for Medium and Large Dogs 9 inchBotrong PVC Pet Swimming Pool Portable Foldable Pool Dogs Cats Bathing Tub Bathtub Wash Tub Water Pond Pool & Kiddie Pools Kids in The Garden (160x30cm 63x12 inch)(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, Alapet Multicolor Optional ABS, PC Pet Space Bag, Internal AntiBreakOff Pet Portable Breathable Backpack, Comfortable Handle Design, Reinforced Adjustable Strap, Fashion Style (color Pink)Canine Equipment Technika 1Inch Utility Dog Collar, Large, Limeparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.A LargeDeluxe Dog Bed Soft Washable Detachable Reversible Basket Bed Cushion with Cotton Velvet LiningACLBB Pooper Scoopers Pet Dog Cat Pet Shoveling Tools with Pets Pick up Toilet Pet Dogs Easy Clean Up Defecate for All Pets.
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. Black HiK9 The Original Small Mesh Raised Pet Bed (Grey)Ceramic Cremation Urn Columbarium for Human or Pet Ashes for FuneralSecond, 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. 3x LIMEWOOD AIRSTONE MINI Predein Skimmer AIR STONECatastrophiCreations Cat Dining Table Handcrafted WallMounted Feeder ShelfThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen