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.. ____ bluee 2Pcs Breakaway Bling Cat Collars with Bell & Pet Collar Tag, Small Dog Puppy Velvet Safety Collar Elastic Adjustale Neck 8 -11 ,blueeBlack S black S WeMore(TM) Outdoor Portable Pet Dog Travel Tote Bag Luxury Small Dog Cat Carriers Handbag 3 colors(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, DIYthinker Christmas Elk New Year Winter Festival Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftFRINGE STUDIO Pet Bed, Nosey Dog Spot Pillow, 36 x 27 x 5 inches (225001)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Cold white AC 220V Cold white AC 220V Light E27 LED Droplight Retro Creative Buffet Restaurant Single Head Droplight of Little Black Dress Led Light LED (color Cold White, Size AC 220V)DIYthinker Tree Happy Ghost Fear Halloween Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift.
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. Lebon Benno 837000 Dog Bed 90 cm GreyKess InHouse Danny Ivan Rainbows Multicolor Fleece Dog Bed, 30 by 40 Second, 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. Black L black L Pet Bed,Ultra Soft & Cozy Washable cat Dog mat eases pet Arthritis & Hip dysplasia Pain Puppy Kitten Warm Kennel Cushion-Black L303038cm Pet Nest Pet Tent Detachable and Cleanable Four Seasons Universal Pet Products (Size 30 30 38cm)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen