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.. ____ Fitwarm Cute Lion Dog Pajamas Dog Jumpsuit Dog Clothes Soft Dog Shirt, X-SmallClear Round Shape Hanging Glass Aquarium Fish Bowl Tank Flower Plant Vase Home Decoration with 28cm Height Rack Holder Fishbowls(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, Flyme Soldiers Army Toys 130PCS Military Figures Playsets Toys for Army Military War Games (Army Green)Medium Dogs Beds Furniture Bed Blankets Pet Supplies, pet Bed, cat Litter, Kennel, Hamburger pet nest, Detachable, Windproof, Warm, pet Litter, cat House, Dog House (Size M)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.L JiaJia- Pet Dog Bed-Soft Winter Mattress Pet Bed for Dogs & Cats Sleep-Rabbit Shape Density Sponge by handrail Plush Pet Bed Kitten Puppy pet nest (Size L)KESS InHouse Snap Studio Hanging Around Brown Red Dog Bed, 50 x 40 .
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. Leather Pink 35CM Leather Pink 35CM YT- Cat Bed for Indoor Cats Handmade Knit Enclosed Pet Bed Tent, Foldable Cat Beds Bed for Small Cat Dog (color Leather Pink, Size 35CM)Large 9 inch wide The Metal Peddler Scottish Terrier Key Rack Dog Leash Hanger Large 9 inch WideSecond, 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. DIYthinker Cloud Rain Weather Drip Pattern Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift35.4\ iPrint Pet Mat for Food and Water,Retro,Old Narrow Street of European Town with Classic Stone Buildings Malta Culture Picture,Sepia,Rectangle Non-Slip Rubber Mat for Dogs and CatsThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen