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.. ____ orange Self Cleaning Slicker Brush for Pet, Grooming Cat and Dog Long & Thick Hair (orange)orange Size 16 orange Size 16 Evans Collars 3 8 Collar, Size 16, Polka Dot, orange(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, orange Small orange Small Alfie Pet Ezra Soccer Jersey color Netherlands, Size Smallorange Small orange Small Diving Material Dog Leash Dog Chain Medium Small Dog Leash Dog Large Dog Supplies (color orange, Size S)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.orange Small orange Small JOYIYUAN Pet Nest Kennel Cat Litter Winter Thickening Comfortable Warm Dog House (color orange, Size S)orange Small orange Small Pet Chest Strap Diving Material 3M Reflective Material Small Dog Pet Supplies 4 color Optional (color orange, Size S).
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. orange Small orange Small Retractable Dog Leash, Retractable Pet Rope Lock System, Comfortable Ergonomic Handle, No Wrap, Suitable for Small Dogs (Pink, orange, bluee)orange Small orange Small ZAIHW Pet Cool Mat Cool Dog Mat Cooling Pad Dog Bed Mat Outdoor Travel pet Cushion for Puppy&Cats (color orange, Size S)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. orange Sunset Medium orange Sunset Medium RUFFWEAR Roamer Leash, orange Sunset, Mediumorange US orange US Portable Sheep Shears 350W Animals Electric Clippers Farm Supplies,orange,USThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen