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.. ____ BR Tendon and Fetlock Boot Pro Tech (Full, Black)Kess InHouse Liz Perez CORAL REEF Purple Black Fleece Dog Bed, 30 by 40 (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, Aoligei Cat Play Towers & Trees Station Pet Nest felt cat nest short plush bell ball 41 41 43cmChuckit Medium Drag 'N Fly Dog Ballparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Leopard print PET 55 Cat Climbing Frame With Ball Kitten House Condo Nest Jumping Platform Detachable Combination Nest (color Leopard print)Green Sport Portable Pet Dog Water Bottle Expandable Silicone Travel Dog Bowl for Puppy Cat Drinking Outdoor Water Dispenser (color Green).
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. LIME GREEN SMALL (10\ LIME GREEN SMALL (10\ Max and Neo Glacier Reflective Neoprene Metal Buckle Dog Collar We Donate a Collar to a Dog Rescue for Every Collar Sold (Small, Lime Green)Black 3) Large 18-28\ Black 3) Large 18-28\ Sassy Dog Wear 18-28-Inch Black Nylon Aluminum Buckles Dog Collar, LargeSecond, 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. 130 Bucas Freedom Turnout 300g Horse Syrah7\ KESS InHouse Frederic Levy-Hadida Miskatoninked Red Black Pet Bowl, 7 Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen