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.. ____ Uniqus 2 PCS ZY-D1 D2 D3 D4JGDP6-55W Philips MZ 5200LM 6000K White Light Car LED Head Lamp with Driver, DC 11-30VUniqus 2.4GHz Wireless 4.3 inch TFT Car Rearview Monitor Day Night Camera System Kit(Black)(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, Uniqus 2018 top Selling Auto Repair Tool CARPROG Full V10.05 10.93 Newest v8.21 Online Programmer car prog All softwares Discount PriceUniqus 2PCS 1157 Ba15d 650 Lumen 50W 10-3535-LEDs 6500K White Light Car Brake Light, DC 12-24Vparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Uniqus 3 PCS Set Warm Car Seat Cover Cushion Five Seats Universal Two Front Row Seat Covers and One Back Row Seat Cover Car Non-Slip Chair Pad Warm Car Mats No Back Plush Cushion(Khaki)Uniqus 35cm PU Momo Racing Sport Steering Wheel Momo Steering Wheel Racing Sport Hand Wheel Car Modified Steering Wheel(Silver).
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. Uniqus 4 PCS Car Auto Door Side Edge Metal Anti-Scratch Body Guard Predection Strip Sticker(Silver)Uniqus 4 PCS Car Auto Semi-Rigid PVC Splash Flaps Mudguards Fender Guard for 8th Series CivicSecond, 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. Uniqus 4 PCS Car Auto Semi-Rigid PVC Splash Flaps Mudguards Fender Guard for X-TrailUniqus 5 colors Car Music Rhythm Lamp Car Sticker Equalizer with Car Charger, Size 114 x 30cmThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen