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.. ____ GREEN M GREEN M JIANXIN Dog Bowl, Dog Bowl, Cat Lunch Box, Suitable for Pets (color Green, Size M)GAOJIN6868 Cat Tower With Double Condos Natural Sisal Cover Multi-level Cat Tree Multi-layer Platform Comfortable Cat Litter Cat Tunnel Stable Chassis Hanging Ball Height Is 114 Cm(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 Pack) Nylabone Dura Chew Femur Bone Dog Chews, Bacon Flavor Size Monster XLHomyl Strong Linen Puppy Dog Training Bite Sleeve Arm Predection for Schutzhund Predectiveparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Black XF Black XF Horze Gironde BridleFurHaven Pet Dog Bed Memory Foam Plush & Suede Couch Sofa-Style Pet Bed for Dogs & Cats, Espresso, Jumbo.
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. Aviary Breeding Bird Finch Parakeet Finch Flight Cage 24 x 16 x 16 WhiteDouble Barrel Square Concho Dog Collar Large Mossy OakSecond, 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. Habitrail OVO Dwarf Hamster Cage, Small Animal Habitat, Hamster AccessoriesC 69x44cm C 69x44cm WUTOLUO Pet Bolster Dog Bed Comfort Soft Square Pet Mat pet Chenille Carpet Dog carpet non-slip water suction comfort (color C, Size 69x44cm)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen