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.. ____ KESS InHouse NL Designs Swirls Grey Wave Pattern Dog Bed, 50 x 40 Barking Heads Little Big Foot Large Breed Puppy Food (12kg) (Pack of 2)(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, DR. Moss Cichlid Stone 5 pc Luxury Set Ceramic Rock Cave Aquarium Decorations Fish Tank DecorB Medium B Medium XCF WLQ pet chest chest bag cat dog bag out four-foot backpack cat pack back cat bagparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.115 cm Fly Rug with Neck PieceGreen Candtong Car pet seat cover carrier anti-dirty anti-catch car pet space bag handbag out dog cat safety seat bag waterproof travel portable seat cover (color Green).
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. Full Legacy Bridlery Weymouth Work BridleChase 'n Chomp Comet Fetch-Tug Rope Toy with that holds Treats & FloatsSecond, 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. BROWN Large BROWN Large GYZ Pet Travel Bag, Dog Bag cat Bag, Portable pet Out Device, Breathable, Folding, Safe, Lightweight, Safety Buckle, Storage Bag, Fashion Handbag +-+ (color Brown, Size L)A 80x58cm A 80x58cm BLWX Pet Ice Pad Summer Dog Mat Mat Cat Pet Dog Nest Summer Pet Mat 60x43cm 70x53cm 80x58cm Pet mat (color A, Size 80x58cm)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen