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 L Brown L Nelnissa Pet Tent, Pet House, Dog Bed Nest Portable and Foldable Warm with Mat S M L (L, Brown)B JIAHUADE Illustrator Story Sound Wooden Gift Crafts Wooden Box Hand Shake Music Box Creative Gift Ornaments,B(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, 3 8\ Yellow Dog Design Argyle Purple Dog Leash 3 8 Wide and 5' (60 ) Long, X-LargeM YE Dog Wheelchair,Pet Bicycle, Old Dog Scooter, Suitable For Hind Legs Disabled Of Pet (Size M)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.KESS InHouse Viviana Gonzalez Pastel Vibes 08 bluee Pink Pet Bowl, 7 16-Inch East Side Collection Polyester Cotton Yappily Ever After Dog Groom Tuxedo, Medium, 16-Inch.
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. A4 XL(100X80X25CM) A4 XL(100X80X25CM) GZDXHN Dog House Four Seasons General Teddy Bomei Husky Large And Medium-Sized Dogs Pet Nest Warm And Comfortablebluee B bluee B XF Hong Tai Yang Double-layer three-layer with grid sand basin splash cat litter cat toilet with shovel cat supplies easy to clean environmentally friendly durable with cat litter 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. Amazing Pet Products Dog Sweater, 8-Inch, Redbluee Ace Teah Dog Training Collar Waterproof and Rechargeable Dog Shock Collar 2600ft Remote Dog Training Collar with Beep Vibra Shock Electric Collar for Small Medium Large DogsThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen