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.. ____ Hikari Saki-Hikari Multi Season Large 5kg 5000gMedium (3 4\ Latex Enforced Dog Leash (Medium (3 4 Wide))(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, L Jim Hugh Foldable Cute Dog Blanket Mat Warm Pets Cushion Bed Sleeping Dog Indoor Kennels Puppy PlaypenFoOlee FoOlee Easee Med Pinkparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Caldene Horse Stirrup Leathers Large Black 48 Black S Black S BIBSS Extra Small to Extral Large Cozy Bolster Pet Bed with Cute Bone Pattern for Small Medium Large Dog and Cat (S, Black).
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. D Pets Carrier Space Capsule Bubble Transparent Bag Backpack for Small Cats and Dogs Breathable Designed for Travel, Hiking&Outdoor UseCanimove Motion mini 2 x (200 tablets) The joint tablets for small dogs. Arthrosis, intergreenebral disc problems, problems of joints, tendons and muscles and nervesSecond, 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. IRIS Airtight Elevated Storage Feeder with 2 Stainless Steel Bowls, 1 Pint, GreenDog Leash, Dog Chain, Pet Supplies, Jinmaotaidi Small Medium and Large Dogs, Nylon Reflective Chest Strap Set, (color Red, Size L)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen