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.. ____ LHYL Astronaut Pet Backpack, Pet Space Capsule Carrier Backpack,dog pack camping,Pet Dog bag,Luxury,BreathableMedium 13-19\ CANINEDESIGN QUALITY DOG COLLARS Caninedesign, Maryland Dog Collar, 1 inch, Nylon, Side Release Buckle, Adjustable, Medium 13-19 inches(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, Buckle-Down MGC-W31202-M Leopard Brown Martingale Dog Collar, MediumLatte Sherpa Small Latte Sherpa Small Greendale Home Fashions Happy Hounds Scout Deluxe Small 30-Inch Round Dog Bed, Latte Sherpaparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Large (Pack of 2) Large (Pack of 2) Large (Pack of 2) Large (Pack of 2) Chuckit Large ParaflightJKL Fashion Cat Bag Pet Bag Out Bag Shoulder Bag Strap Chest Bag Dog Bag Cat Bag Carrying Bag Travel Set (color B, Size S).
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. A M 404038cm A M 404038cm GHMM Pet Bed Short Plush Fabric Dog House Four Seasons Universal Slip Soft And Comfortable Cool Breathable And Durable Warm(Two Ways To Use) Pet bed (color A, Size M 40 40 38cm)Esposita &apos Western Saddle Princess with a Pony and Shetlands Genuine Leather Pink 12 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. Black Pet Cremation Necklace Stainless Steel Pendant gold Black Silver (color Black)Creative Cute Cat Lounger Bed Foldable Soft Comfortable Winter Warm Cat Bed Cute Kennel Nest Suitable for Puppy Cats to RestThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen