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.. ____ AQUARISTIKWELT24 7331 Aquarium Root 92 x 27 x 55 cm XXXL Wood Decoration55 cm-58 cm Croci Waterproof Hiking Jacket with Sleeves, 55 cm-58 cm(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, Grape Crush Medium w Buckle Grape Crush Medium w Buckle If It Barks 1.5 Martingale Collar for Dogs Quick Snap Release Buckle Adjustable Nylon Strong and Comfy Ideal for Training Made in USA Medium, Grape Crush1 5xl 1 5xl Huijunwenti Big Dog, Dog Clothes, Two-Legged golden Hair Labrador Samoyed Winter Pet Medium-Sized Large Dog Thick Autumn and Winter Clothing Fashion (color 1, Size 5XL)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Generic Ultra Strong Links Dog Chain 30feet color BlackDIYthinker Green Paper Umbrella Cloud Pattern 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. bluee UK Size Large bluee UK Size Large Hing Bone Non Slip Dual Dog Feeding Station with Removable Bowls, Large, blueeA 6045cm A 6045cm Weiwei Dog Bed Dog Mat Dog cage Mat ThickenedSecond, 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 Small Brown Small Liergou Pet Bolster Bed Cloth Cartoon Animals Fang Wo Pets Three-dimensional Kennel Mats (color Brown, Size S)Kess InHouse Monika Strigel Baby Llama Multi bluee White Pet Bowl Placemat for Dog and Cat Feeding Mat, 18-Inch by 13-InchThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen