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 XL orange XL BINGPET Dog Cooling Jacket Evaporative Swamp Cooler Vest Reflective Safety Pet Hunting Harness, orange Extra Largeorange XL orange XL Dog Hiking Packs, Foldable Breathable Pets Saddlebag Backpack Carrying Bags for for Medium & Large Dogs Outdoor Travel Camping Training to Storage Snack Daily Necessities (XL, 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 XL orange XL Jim Hugh Dog Mat Cozy Pet Dog Cat Coral Fleece Blanket Winter Soft Solid Puppy Cushion Pet Carpet Durable Dog Bed Pet Suppliesorange XL orange XL Pet Life Jacket Dog Swimsuit Teddy Swim Vest Summer golden Hair Big Dog Costume Puppy Safety Clothes Small Dog (color orange, Size XL)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.orange XL(67-90cm) orange XL(67-90cm) Dog Vest Harness, Soft Close-Fitting Chest Strap Breathable golden Hair Satsuma Reflective Outdoor Training Leash Collar Pet Supplies Adjustable Neck Chest Safety Bufferorange X-Large orange X-Large Kruuse Rogz Lumberjack Reflective Nylon Step In Dog Harness (X-Large) (orange).
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 XS orange XS AUSWIEI Pet Clothes Halloween Big Dog Clothes Pumpkin Dress Cosplay Large Dog Clothes (color orange, Size XS)orange XS orange XS Pet Bed Short Plush Dog House Four Seasons Universal Slip Soft Comfort Cool Breathable and Durable Warm Pet Bed (color orange, Size XS)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 X-Small orange X-Small EcoBark The Original Control Dog Harness 4-6 lbs; No Pull & No Choke Design, Luxurious Padded Vest, Eco-Friendly, for Puppies and Dogs (X-Small, orange)orange XXL orange XXL CLOTHES Men's Cotton Coat, Slim Men's Clothing, Winter Hooded Cotton Suit, Men's Large Size Cotton ClothingThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen