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.. ____ DIYthinker Watercolor Ink Flower Plant Peony Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift69cm50cm2cm Summer Dog Mat Pet Mat Pet Sleeping Pad Pet Waterloo Cool Down Kennel (Size 69cm50cm2cm)(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, DIYthinker Steak Bar France Toast Beer Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftLime Green Large Lime Green Large CollarDirect Reflective Dog Harness Step in Small Medium Large for Outdoor Walking, Comfort Adjustable Harnesses for Dogs Puppy Pink Black Red Purple Mint Green orange bluee (Large, Lime Green)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Colour-2 S Colour-2 S Removable and Washable Four Seasons Suede Pet Nest Warm Section Cat Cat Dog Pet Thickening Cat Litter (color Colour-2, Size S)Black Sturdy Stoneware Pet Bowls Set of 2 (Larger 6x3 & Smaller 5x1¾) (Black).
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. DOGGIE DESIGN White Christmas Santa Girl Dog Dress (Medium) byBig Button Training Clickers, Click and Train Economy Pack for Dog Training ClassesSecond, 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. Imagine This 4-3 4-Inch by 4-3 4-Inch Car Magnet Peace Dog PinkDean & Tyler DT Cobra Sheriff No Pull Harness, Medium, BlackThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen