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 554516cm Red M 554516cm Makan Pet Nest, Cat dog Universal, Sofa Style Clean And Comfortable. (color RED, Size M 55 45 16cm)Red M3M GPS Collar Dog GSM GPRS Tracker Device Waterproof Long Standby Pet Cat Animal Real Time Voice Monitor Tracking Locator,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 Medium (32\ Red Medium (32\ FurryFriends LARGE Foldable Dog Pool Folding Dog Cat Bath Tub Collapsible Pet Spa (Medium, Red)Red Medium Red Medium Barry-L Dog Bed Cat Bed Pets Grey Hooded Cat Bed Dog Bed Pet Nest Pet Bed (color Red, Size M)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Red Medium Red Medium Coastal Pet DCP6607RED Filter Base Fine PolybagRed Medium Red Medium Dog Clothes Winter Clothes, Teddy golden Hair Puppies, Labrador alas Big Dog Vest, Big Dog Two feet Clothes S, M, L,Red,M.
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 Medium red Medium Flexi Vario Cord Set, Medium, 5 m, RedRED Medium RED Medium Kennel Pads Dog Beds Pet house Pet mat-Dog mat Dogs Bed Pet Bed For Cats Small Medium Large Dogs Cooling Mat Best Pet Supplies Four Seasons Universal @ (color bluee, Size L) Cat Bed Pet Supplies CSecond, 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 Medium Red Medium Pet Bed Dog Mat Pet Mat Small Medium Pet Sleeping Mat Puppies Blanket Cat Dog Nest Bite Resistance Pet Supplies,Red,MRed Medium Red Medium Pet Dog cave Bed Cat cave Bed Pearl Velvet Filled with high Rebound SpongeThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen