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.. ____ JFRI cat bed Cat litter cat climbing frame semi-closed four seasons universal bedside table round coffee table4-Pound Addiction Viva La Venison Grain Free Dry Dog Food, 4 lb.(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, 35w L@LILI Small Submersible Water Pump For Pond, Aquarium, Hydroponics, Fish Tank Fountain With 5.9Ft Power Cord,35wFANCY FEAST A LA Carte Tuna Florentine 24X85G (11059631) (CFFATF85X24)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Cyan Large cyan Large Flyme Pet Dog Jumpsuit Cat Sweater Warm Dog Fleece Clothes Puppy Outfit Jacket Coat Winter Soft Sweaters Cyan LBlack Baoblaze Breathable Portable Pet Carrier Handbag with Wood Perch for Easy Cleaning 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. bluee S (43X28X18CM) bluee S (43X28X18CM) Pet Bed Square Plaid Thickening Warm and Resistant to Tear Bite Removable and Washable golden Retriever Dog Pad Warm Pet Nest A+ (color bluee, Size S (43X28X18CM))Cat head Cat Scratch Board Corrugated Paper, Cat Litter Cat Claw Board Supplies, Cat House Claw Claw Board Cat Toy Cat Head Section 50Cm35Cm40CmSecond, 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. 0.9- Inch by 17.7Inch Bird toys Cotton Rope Perch for Birds Cage Stand Bar Suitable for a Wide Variety of Small or Medium Parreds and Birds, 0.9- Inch Diam by 17.7InchDIYthinker Mgoldcco Style Flower Abstract Pattern Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen