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.. ____ A XX-Large A XX-Large Weiwei Pet Supplies Fashion Short Plush Skid-Proof Plastic Kennel Teddy Bear Pet NestKaytee Woodlands Wild Bird Food, 10-Pond(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, Brown 402323CM Brown 402323CM Outdoors Portable Pet Backpack Small Pet Outpacks EVA Oxford Cloth Car Pet Bag Foldable Mesh Ventilation (color Brown, Size 40 23 23CM)Fits for 33 inch (83cm) dog's neck size FDT Artisan 33 inch Pink Leather Dog Collar with Chrome Plated Decor Round & Spicy particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Cat Tunnel Toy, Collapsible, Kitten Indoor Toys(Yellow)100g Fluke Solve Vetark Professional Fluke Solve, 100 g.
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. 2.5 kg JBL StabiloPond basis 2,5 kg, Basic care product for all garden pondsLFMZB Marvel Avengers Black Panther Action Figure, Black Panther Toy Height About 27cm 11 InchSecond, 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. Dean & Tyler DT Fun Works Harness, Border Patrol Dog, Black With Reflective Trim, Medium Fits Girth Size 28-Inch to 34-InchLarge 30\ Kess InHouse Catherine McDonald Japanese Cherry Blossom Fleece Dog Bed, 30 by 40-InchThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen