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.. ____ Brown High Quality Genuine Leather Braided Dog Collar, 1 Wide. Fits 14 -17 Neck.Dogline Soft Padded Rolled Round Leather Dog Slip Lead Kennel Leash, Lime Green, 53 x 1 3-Inch(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, C S(60X45X15CM) C S(60X45X15CM) Dog House Warm Pet Nest Dog Pad golden Retriever Fall Winter Dog Kennel Large Dog Bed Paw Print Cat NestBlack X-Small Black X-Small Waterproof Black Dog Coat Thick Vest Warm Padded Pet Dog Puppy Clothes Cotton Vest Coat，7 Sizes,Black-XSparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.A Pets Lead Hands Free Premium Running Dog Cat Leash Soft Barrel Handle Animals Training Leash Rope. (color A)EUKANUBA Puppy Large Breed Puppy Food 33 Pounds.
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. Droll Yankees Inc Yankee Whipper 180 Degree Bird Feederbluee 80x40x50cm bluee 80x40x50cm 4-Step Pet Stair Ramp Portable Breathable Washable Dog Activity Ladder Non-Slip Durable Pet Supplies Sofa Ladder Cushion with Storage Bag Pillow (color bluee, Size 80x40x50cm)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. Kess InHouse Jane Smith 'Vintage Mushroom' orange Black Dog Blanket, 40 by 30-Inchbluee X Small bluee X Small Prestige Cool Dog Cooling Coat (X Small) (bluee)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen