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.. ____ Oster A6 Slim Three speed Dog Grooming Clipper with size 10 & 7F bladesOster Clipmaster 83AU Top Blade(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, Oster Elite Cryogenx Professional Animal Clipper Blade, Size 30Oster Kazu Shears Kit, 3-Pieceparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Oster Products DOS78005301 Turbo A5 Single Speed Clipper Dog Grooming ToolsOster Shearing Comb, 20-Tooth Show (078554-056-003).
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. OSTRICH TAN 3 4\ OSTRICH TAN 3 4\ Auburn Leathercraft Savannah Leash 3 4 x 72 OSTRICH TANOTENGD Pet Travel Carrier Soft-Sided Backpack Collapsible Compatible Bag Grid Design Double Row Adjustment Buckle Designed for Cats Dogs Kittens Puppies GreySecond, 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. Ottavi OTTAVI KIT LAGHETTO FAI DA TE SMALLOuch Mousetrap with EU UK US Plug Adapter Electronic mice Trap Professional Voltage Effective and Powerful for Home Garden Black and UK PlugThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen