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.. ____ 10 Panels with Canopy 48 inch 10 Panels with Canopy 48 inch LEMKA Heavy Duty Dog Playpen Dog Kennel Pet Dog Exercise Playpen Foldable Dog Steel Crate Wire Metal Cage 10 Panels with Canopy 48 inchesCat Climbing Frame Four Seasons Rattan Suede Positive and Negative Dual-Use Cat Climbing Frame General Hemp Prop Cat Tree Cat Scratch Board Cat Litter Cat Jumping Platform(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, Hexiansheng Cat Climb Trees Sisal Cat Toy Cat Scratch Board cat Table Shu Cotton Velvet 40 33.5 64cmMedium CafePress My Mommy Is A Nurse Dog T-Shirt Dog T-Shirt, Pet Clothing, Funny Dog Costumeparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.4 x 20KG BALE Emerald Green Feeds 80KG Horse Food Grass Pellets and Tigerbox Anti-Bacterial Pen.Kess InHouse Sylvia Cook Starbright Fleece Dog Bed, 50 by 60 , Holiday.
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. Brown M Brown M Soft and Comfortable Fully Removable and Washable Cute Cartoon nest Four Seasons Suede Small Dog Dog House Autumn and Winter Warm Day Teddy pet Thickening Cat Toilet Soft and ComfortableHealthy ABS Pet Dog Cat Interactive Slow Food Feeder Anti Choke Dog Dishes Funny redatable Pet Cat Dog Anti Slip Pet Bowl (Green)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. Black Genuine Leather Cage Basket Secure Dog Muzzle for redtweiler (Circumference 14.7 Snout Length 3.5)A WN Pet Bag Cat Capsule Pet Out Travel Suitcase Cat Cage Portable Out Bag Car Net Red Cat Box 10kg Pets pet Carrier (color A)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen