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.. ____ Flannel Dog bed, Durable Nonskid Waterproof Pet nest Removable cover Wear resistantA LFour Seasons Removable Washable Thermal Insulating and Warm Cushion for Pet Products, Cat Eyes(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, FuzzYard Reversible Bed Chalkboard, SGenuine Leather Classic Dog Leash Brown 1 2 Wide 4 Ft Basset Hound, Collie, SharPeiparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.gold Paw Rhinestud Shirt Bright Pink L (14)Green LMM HOME Clamshell Fully Enclosed Cat Litter Pot Cat Toilet Antisplash and Deodorant Portable Cat Litter Pot Pet Supplies (color White).
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. Equine Healthcare 9508300000 Pomms Equine Ear Plugs44; Pink Pony SizeExplosionProof WearResistant Nylon Adjustable Dog LeashSecond, 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. FDT Artisan 16 inch Black Leather Dog Collar with Chrome Plated and Brass Plated Decorations Romantic Breeze 1 1 2 inch (40 mm) WideFidgetFidget Dog Tags Personalized Pet Puppy ID Name Collar Tag Wholesale SL 100pcs lot golden M 40 27 1MMThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen