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 Dog House Cat Litter Dog Cage,Safety Lock Configuration Indoor Outdoor Dog,Kennel,Warm Windproof Dog Kennel,Big Dog Small Dog,Dog Cat Cage,Feeding KennelAquarium Fish Tank12 LED Light bluee White 31 cm Bar Submersible Waterproof Clip Lamp Decor US Plug(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, 6 Feet Long 1\ Buckle-Down Pet Leash Wonder Woman Logo Red 6 Feet Long 1 WideBlack L Black L LeMieux Merino Plus Full Monty Gp Numnah Lambskin Saddle Padparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Green M Green M Party Pet Costume Dog Clothes Boys Autumn and Winter Windproof Coat Camouflage Casual Jacket Teddy VIP Pets (color Green, Size M) Pet Uniform (color Green, Size M)DIYthinker Course and Major Computer Science Black Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift.
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. E74 220v 15w 800l h Submersible Fountain Air Fish Tank Aquarium Water Pump EU PlugA 45×60cm A 45×60cm PLDDY pet bed Pet Mat, Large Dog Kennel Cat House Removable And Washable Nest Wear-resistant Bite Pet Bed (color A, Size 45×60cm)Second, 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. 24INCH QPSON Aquarium Light for Extendable Heat Dissipation Fish Tank Lamp (24INCH)M ZOUQILAI Dog Wheelchair Dog Mobility Harness,Rear Support Wheelchair, Hind Legs Rehabilitation Aluminium Material 2 Wheels for Disabled Dog (Size M)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen