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.. ____ Red Dog Clippers Professional Rechargeable Clipper Pet Electric Hair Clipper Cutter with Grooming KitRed Dog Interactive Squeaker Toy by Schnappy,Floating Fetch Throw Ball for Training Playing (Red)(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, Red Dog Outdoor Leash Dog Lead Pet Harness Set Dog Traction Rope Pet Nylon Training Traction Rope,bluee Walking Leash (color Red)Red Dog Show Bow Baseball Barretteparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Red Dog Treat Bag Training Treat Pouch Bag with Poo Bag Dispenser Strong Magnetic Closure, Adjustable Reflective Belt Or Shoulder Strap, Lightweight, BreathableRed dot EDYUCGA Pet Stroller Dog Cat Teddy Cart with Four Wheel Lightweight Foldable Pet Travel Cart 67 47 100cm (LWH) (color Red dot).
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. RED DUHUI Pet Stroller Dog Pushchair, Light weight stainless frame pet travel carrier, Big Wheel with Safety breaks (color RED)Red EDYUCGA Four-wheeled Pet Trolley Pet Bag Dog Cart Foldable Disassembled Multiple Pet Trolley Bag,RedSecond, 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. Red Extra-Large red Extra-Large EzyDog Dog LifeJacket, Extra Large, RedRed Fish & Aquatic Pets Aquarium Fish Tank Mini USB LED Clear Fish Tank Mini Aquarium Box Bettas Office Desktop Decor Red1 Pcs Mini Aquarium(Not Included The Fish)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen