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.. ____ BIOPOD SYSTEMS 694592770931 Aqua (with Plant Pack) pet terrariumsbluee pet towel MPEHTEN Warm Dog Bathrobe Super Absorbent Pet Drying Towel Cat Hood Pet Bath Towel Grooming Pet Product XS S M L XL Drop Shipping bluee pet Towel M(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 Carrier Pet Carrier For Small Dogs And Cats Travel Bag (11.4 X 10.6 X 16.5 Lbs)BEITAI Acrylic Bettas Cylinder Isolated Fish Tank Tilted Water Pump Breeding Cylinder Baby Betta Tank Guppy Breeding Aquarium (color Sky bluee)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.AMZNOVA Durable Cat Scratcher Lounge, EcoFriendly Cardboard, colors Series, Wide, PinkBucas BuzzOff Rain Fly Rug.
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. BR Weymouth Bridle Swindon IIAtlantic Water Gardens Replacement Filter Mat for FilterFalls Spillway BF1900Second, 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. BarryL Dog Bed Cat Bed Comfort Grey cream color Square Bed,Comfort Dog， Pet Bed (color A, Size M)bluee SStainless Steel Pets Dog Bowl Travel Food Bowls for Cats Dogs Pink Outdoor Drinking Water Pet Dog Cat Bowls Dish Feeder Tableware (color bluee, Size S)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen