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.. ____ 40 pound Lyric Supreme Wild Bird Mix 40 lb bagBlack HU Pet Trolley Polyester Production Light Waterproof Breathable One Button Storage Convenience Simple (color 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, Baby bluee 3X-Large Baby bluee 3X-Large Mirage Pet Products Scribbled Merry Christmas Screenprint Pet Hoodies, 3X-Large, Baby blueeDean and Tyler SIMPLICITY+ , Dog Collar with Handle and Chrome Plated Steel Hardware Tan Size 86cm by 4cm Fits Neck 81cm to 91cmparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Double Bowl dkDaKanl Elevated Pet Feeder Double Raised Stand from Bamboo Wood,Dog Cat Food Station Feeder with Ceramic Feeding Bowls for Puppy Kitten (Double Bowl)Grey Pet Nest Non-slip Foldable Soft Four Seasons Dual-use Washable Bed Sleeping Bed Dog Cat Cave Bed House With Removable Cushion 111 84 81cm,Grey.
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. M- 6' BESSIE AND BARNIE Deluxe Strong Rainbow Blocks Nylon Dog Pet Durable Adjustable Leash (Multiple Sizes)402450cm Step Stool Step Stools 2 Step Step Stool Kitchen Wood Ladders Small Stool Indoor Portable Flower Rack Step Stool (Size 40 24 50cm)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. E Medium E Medium Retro Wall Tiles Dog Bed, Washable Pets Cats and Dogs Dual-Use Pads Metal Zipper Non Slip Pet Products S M L,E,MKESS InHouse Dawid ROC Camouflage Pattern 2 Multicolor Abstract Dog Bed, 30 x 40 Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen