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.. ____ bluee LargeSerta Ortho Quilted Pillowtop Pet Bed, Large, BurgundyCat litter shell nest biscuit Cat House pet slippers Washable cotton Wo cats and dogsA 24x24inch(60x60cm)(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, Bowsers Donut Bed, XSmall, Harbour blueeAslion Dog Bite Sleeve Puppy Young Dogs Training for Pitbull German Shepherd Puppy Biting Playingparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Best Bully Sticks 100% Natural Cow Hooves Dog Chews (25 Count Value Pack) FreeRange & GrassFed Cattle LongLasting Natural Alternative to Rawhide2 steps Pet steps Pet stairs Pet Stairs Combination 23 Steps for Dogs Bed Cat Steps Removable Washable Cover for Cats Dogs up to 13kg (Size 2 steps).
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. color03 30 Wx50 LBelleAckerman Beach Blanket，Aquarium,Siamese Fighting Betta Fish Swimming in Aquarium Aggressive Sea Animal,Sky bluee Dark Coral,300GSM, Super Soft and Warm, Durable 50 x70 27 inch Brown Leather Dog Collar Flowers & Twigs Decor by Artisan Exclusive Handcrafted Item 1 1 2 inch (40 cm) wide Gift Box IncludedSecond, 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. Applaws Dog Tin Tuna & Prawn 24x156g 24x156gBungee Twin Dog Connector Lead, Twine Dog Leash and Shunt Walking Puppy Small Medium and Large Dog (Green)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen