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.. ____ Green 3L Green 3L Sabart Pet Clothes Cold Weather Dog Vest For Large Dogs 4 colors ( color Green , Size 3L )4-Feet Casual Canine Bone Heads Dog Lead, 4-Feet, orange(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, 8W with EU plug Pukido LED Aquarium Fish Tank Fishbowl Slim Light Waterproof LED Light Bar SMD 4 5 6 8W LED Light Lamp Aquarium Led Lighting Lamps 220V (color 8W with EU Plug)Dosckocil Petmate DDS29534 Pet Step IIparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Bowser 16512 Super Soft Round BedB HLWAWA Cremation Urn for Ashes Pet And Human Ashes Creative Cover Horse Ancient Craft (color B).
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. KESS InHouse Laura Nicholson Kissing Budgies Geometric Beige Pet Bowl, 7 9XL Dog Raincoats Waterproof, Adjustable Waterproof Pet Dog Raincoat, Rain Jacket with Hood Collar Hole, Lightweight Packable Outdoor Dog Hooded Raincoat, Extra Small to Extra Large,9XLSecond, 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. Black XXL Black XXL Olwen Shop Dog Coats & Jackets Waterproof Pet Dog Clothes Coat for Small Dog Winter Puppy Jacket Warm Clothing Pet Products D655 1 PCsHiggins Sunburst Gourmet Rabbit Food Mix, 6 Lbs, LargeThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen