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 M Red M Kennel Washable and Washable Puppy Medium Dog Pet 2 In 1 Dog House 4 Season Nest Four colors to Choose From (color Red, Size M)RED M RED M LLYU Pet Cave Nest Mattress for Cats and Dogs Soft Warm House Bag Pad Puppy Mat Roof (color RED, Size M)(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 M RED M Moolo Pet Bed Printing Short Plush Dog House Waterproof Anti-slip Four Seasons Universal Soft Comfortable Cool Breathable Dog Bed (color RED, Size M)RED M RED M Pet Bed Pet Sofa Cat Nest Pet Nest Dog Nest Cat Kennel Kennel Square High Elastic High Support Pet Pad FENGMING (color RED, Size M)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.RED M RED M Pet Dogs Toys Rubber Chew Toys Through Rope Resistant to Bite Clean Tooth Interactive Toys for Dog (color RED, Size M)Red M red M Puppia Winter Storm, Medium, Red.
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 M RED M SENERY Warm Pet Dog Beds,Cozy Soft Dog Beds Mats Sleep Cushion House for Dog Cat Puppy,Pet ProductsRED m RED m Ultrasuede 3 Row Crystal Straight Dog Collar, Medium Size 12, Red with CrystalsSecond, 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 M Red M XGPT Pet Dog Beds Winter warm suede can be completely removed and washed square pet nestRed M& xFF08;Chest 31.4\ Red M& xFF08;Chest 31.4\ Mihqy Dog Jacket with Harness Warm and Cozy Reflective Dog Winter Coat Sport Vest Windproof Snowsuit Apparel with Reflective Strips for Small Medium Large Dogs with Retractable High NecklineThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen