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.. ____ D S D S Lozse Pet Beds Kennel Coffee wave point pet nest two-sided pet bed Shu cotton velvet polar fleece face Oxford Noodles for Dogs and Cats Sleeping Cushion3 m3 m Yang Shade netting- 90% 2m3m Sun Mesh Shade Sunblock Shade Cloth UV Resistant Net with Strengthened Tape and Grommet (Size 3 m3 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, L(45.5KG) Pet Carrier Backpack,Legs Out Front Dog Carrier, Hands-Free Adjustable Pet Backpack Carrier, Wide Straps Shoulder PadsBROWN Pet Nest Pet Sofa Pet Bed Cat Nest Kennel Dog Nest Cat Kennel Bowl Cat Claws Grinding Plate Corrugated Paper Haiming (color Brown)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.60x46x17cm Dog Nest, Dog Sofa,Comfortable and Breathable, Four Seasons Usable，Removable Washable, Anti-slip Teddy Kennel, for Small and Medium Large Dogs, Pet Nest, Dog Beds, bluee (Size 60x46x17cm)Brown fits for 23 inch dog's neck size Brown fits for 23 inch dog's neck size 23 inch Handcrafted Brown Leather Dog Collar with Chrome Plated Steel Hardware ‘Spaceman Style’ 1 1 2 inch (40 mm) Wide.
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. Green S Green S Pet Dog Bed Winter Warm Kitten Kennels Thick Soft Pet Nest Cat Sofa Puppy Mat Animals Pad Pet Supplies House for Small Large DogsKirkland Signature 42 (106.7 cm) Round Pet Bed, Beige DesignSecond, 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. 800 Dog Cat Poop Bags Pet Waste Litter Bags (Green) with EZ Dispenser3 mm 10 mm Tile Spacers for Patio Tiles, Floor TilesThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen