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.. ____ EDealMax en Nylon extérieur Voyage Meshy Fermeture à glissière Conception de poche Pet Puppy Porte-sac fourre-Toutbluee L bluee L FUTER-Pet toilet Dog Cat Bowl Urinal Basin Splatter Prevention Semicerrado Sand For Cats Pet Supplies (color bluee, Size L)(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, Dean & Tyler DT Universal No Pull Dog Harness with Detection K9 Patches and Puppy Leash, orange, X-SmallBLACK SHELANDY Pet grooming arm with clamp for large and small dogs 35 inch height adjustable and Free two No Sit Haunch Holder (BLACK)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.JIN Couple Spurs Unisex Adult, Brown, 21 x 17 x 20As shown L As shown L Huayue Dog Clothes with Hood Sweater Diamond Box Pity (color As Shown, Size L).
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. goldEN COB Parred 20KG (BP20GC)Ecological Laboratories 32oz. Bird House-Bird Feeder CleanerSecond, 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 M L Black M L Kruuse Rehab Walkabout Hind Leg Dog Lifting HarnessAUR-SST-7cm-LowerPart 14.5 AUR-SST-7cm-LowerPart 14.5 Sprenger HO weymouth bit 16mm SENSOGAN AURIGANThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen