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.. ____ 13.5 SPRENGER KK ULTRA 18 mm Eggbutt SENSOGAN with 70 mm Stainless Steel Olive Head RingsFlourish Potassium, 2 L 67.6 fl. 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, 3 4\ Lupine 3 4-Inch Tail Feathers 4-Feet Dog LeashExtend Joint Care for Cats One Month Supply- Glucosamine for Catsparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.3 x Bags On Board Neutral Refill Rolls, Pack of 120Aquarium Masters SmartTemp+ Advanced 100W Heater.
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. 3 backrest L 3 backrest L Soft and Comfortable Removable Brown pet Bed Dog Bed Sleeping Bag Pet cat Dog cave120 90cm 100 80cm 80 60cm 60 45cm (color 3 backrest, Size L)Green M Green M LYLa Multi-function Breathable Cage Cat And Dog Portable Travel Transport Car Out Of Consignment convenient (color Green, Size M)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. bluee Size 16 bluee Size 16 Mirage Pet Products Sprinkles Ice Cream Dog Collar with Clear Crystals, Size 16, blueeB M.43x39x37cm B M.43x39x37cm Pet Mat Nest, Bed, Dual-use Four Seasons Common Hole Square Pet Room Warm House Cat Nest Dog House Warm DoghouseThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen