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.. ____ M Aiwind Red Cat Dog Sweater Turtleneck Collar Knitwear for Cat Kitten Dog Puppy (A, M)Kwik Stop 1 2 oz(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, 1 Hengtongtongxun Box Jar Urn Box Pet Sealing Jar Can Be Used for Many Purposes Domestic Large Dogs Died Coffin The Latest Style, Multi-Function (Design 1)Chrome Frame, Smoke Lens Extra Small Chrome Frame, Smoke Lens Extra Small Doggles ILS Extra Small Chrome Frame and Smoke Lensparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Imitated Sea Anemone Hotab Aquarium Decoration Imitated Coral Luminous Resin Water Plants Aquatic Fish Tank Landscape OrnamentChrome plated Rest Proof Steel 38cm (15\ Chrome plated Rest Proof Steel 38cm (15\ Herm Sprenger Medium Choke Chain with Toggle (40cm (16 ) length 25mm (1 ) Width).
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. Coyote Brown Upgraded Version M 41cm Coyote Brown Upgraded Version M 41cm OneTigrey Tactical Dog Training Vest Harness with Mesh Padding and Two Handles (Coyote Brown Upgraded Version, M 41cm)Black Exclusive Real Leather Dog and Cat Carrier Bag Size XS SSecond, 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. 25 by 46-Inch Snoozer 66122 25 by 46-Inch Cedar-Poly Pet Crate Pads in 12 Sizes, NavyKarlie No Limit Harness, 65-100 cm x 25 mm, BlackThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen