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.. ____ Cat Litter Cat Sleeping Bag Four Seasons Universal Pet Winter Warm Cat House Cat Hole Mat Closed Small Milk Cat Litter Pink36 inch White Leather Dog Collar with Brass Plated Decor golden Purity Handcrafted by Artisan(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, Cat Adult Pouch Fish Selection Waitpink 12 x 85g (PACK OF 2)Chase Instruments ASTM3H ASTM American Petroleum Institute Hydrometer, 3H ASTM, 19 to 31 API Range, 0.1mm Interval, 330mm Lengthparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Carmel Ceramica PDSB3003 Dog Food Water Bowl, Baby bluee, SmallAnimal Treasures LBW0309 Birdie Jingle House Bird Toys.
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. 4kg 2xCat Food Indoor Longhair 35 Dry Mix 4 kgbluee MGHMM Pet Bed PP Cotton Pad Four Seasons Universal Waterproof Nonslip Antiskid Soft And Comfortable Multicolor Optional Pet bed (color BROWN, Size S)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. Brown's Pet Range MacroGard Koi & Pond Stickbluee LHCW Stainless Steel Dog food Bowl and Selfdistributing gravity pet drinker, Suitable for Small Medium Cats Dogs (color bluee)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen