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 55W H3 4300K 3200LM HID Xenon Light Conversion Kit with High Intensity Discharge Slim Ballast, Warm WhiteUniqus 5m 0.5m Ice bluee Metallic Matte ICY Ice Car Decal Wrap Auto Wrapping Vehicle Sticker Motorcycle Sheet Tint Vinyl Air Bubble Free(Coffee)(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 6.8A 80W Plastic Shell 3 Sockets in 1 Car Cigarette Lighter Car Charger Car Socket with 4 USB Ports and a Control Switch(White)Uniqus 7.0 inch TFT Touch-Screen Car GPS Navigator, Built in 4GB Memory, Mini USB Port, Touch Pen, Voice Broadcast, FM Radio Function, Built-in Speaker, Resolutions 800 x 480(Black)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Uniqus 80 LEDs Car Third Brake Light, DC 12V Cable Length 80cm(Red Light)Uniqus A Pair Universal Car Seat Catcher Gap Console Filler Seat Side Pocket Organizer Catcher Leak-Proof Seat Crevice Storage Bags(Khaki).
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 Air Compressor with Pressure Gauge And Three Nozzle Adapters, Portable Metal Cylinder Tire Inflator Compressor for Cars Vans Air Mattress Balls 150 PSI 35L min Maximum Voltage DC 12V Maximum Amperage Draw 14AUniqus AUTOOL X50 Plus HUD Head-up Display Water Temperature Meter Odometer Car OBD Smart Digital Meter & Alarm Clock Car OBD2 Smart Multi-Function Digital Alarm MeterSecond, 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 blueetooth Hands-Free Kit with 2 USB Port Car Charger, Support Music Play & Hands-Free Answer Phone & FM FunctionUniqus Car ABS Leather Wrapped Armrest Box with Fast Charge USB Holes and Cables for 2015 Honda CityThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen