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.. ____ Bathroom Accessory Set High Quality Modern Style Brass 5Pcs Hotel Bath Toilet Brush Holder Tower Ring Tower Bar Toilet Paper HoldersAs-picture 3 As-picture 3 Huayue Pet Clothing Supplies Pet Dog shoes Spring and Summer Tenuous Sandals (color, Size 3 )(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, Brown Alvalley Braided Collar with Buckle for Dogs 20in Medium80cm (31”) Pond Net & Handle Velda Fish Net (80cm Diameter) Garden Pond Net with Telescopic Handleparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Hamilton 3 4-Inch Single Thick Nylon Lead with Swivel Snap, 6 Feet, Raspberry RedFly & Mosquito Control Black Mosquito lamp Home Indoor Sweep Light Plug Mute Electric Mosquito Repellent No Radiation Baby Inhalation Shock Catch Drive Mosquito Artifact 7 6 11 inches.
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. 5 cm in diameter Jiu Si- Pet Toys Solid Elastic golden Retriever Pet Training Toy Ball Teddy Molar Large Dog Rubber Biting Ball pet Toy (Size 5 cm in Diameter)Kess InHouse Allison Soupcoff Henson orange Green Pet Blanket, 40 by 30-InchSecond, 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. Dog Helios Tail Runner' Lightweight 4-Way-Stretch Breathable Full Bodied Performance Dog Track Suit, Large, GreyKESS InHouse Maria Bazarova Red Flowers Black Floral Pet Bowl, 7 Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen