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.. ____ Hobby Aqua Cooler V2 aquarium accessories, anchorEukanuba Hairball Control Adult Dry Cat Food for indoor Cats (4kg) (Pack of 6)(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, (40 Cubic Inches, Brushed Pewter) Near & Dear Pet Memorials Classic Brass Pet Cremation UrnANDRE HOME Dual Use Pet Cooling Sleeping Mat 2 in 1 Pet Mat,Dog Cats Puppy Cooling Pad Cushion Cold Bed Bamboo Mat(Light Coffee,2L) Pet Bed Blanketparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Brown Pet supplies Breathable Pet Dog Backpack, Outdoor Pet Travel Carrier Bag Outside Waterproof Space Capsule Backpack Breathable For Walk Activities, Can Choose Four colors (color Brown)Bark Brown Jumbo Bark Brown Jumbo FurHaven Pet Dog Bed Deluxe Orthopedic Polycanvas Indoor Outdoor Garden Pet Bed for Dogs & Cats, Bark Brown, Jumbo.
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. Generic Adjustable to fit both small and estate cars UNIVERSAL FRONT SEAT PET BARRIER durable steel INTERIOR DOG GUARD FOR CAR ESTATE HATCHBACK 4x4 Colour Black 1&14451 Laguna PT610 Power Jet Riser Pipe Flow Adjustor, T 1.2cm (1 2-Inch)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. Kess InHouse Catherine McDonald Bark Feeding Mat for Pet Bowl, 18 by 13-InchBlack Charcoal Medium Black Charcoal Medium 100% Waterproof Mambe Silky Soft Throw for Dogs, Cats, and People (Medium 60 x 60 , Black-Charcoal)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen