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.. ____ Pet Ting Cooper Hamster & Gerbil Cage and Accessories Tubes Heaven Wheel Ladder EtcPETCARE Dog Leash Harness Rhinestone Bow Tie Reflective Adjustable Vest Microfiber Breathable Puppy Pull Harness Retractable Small Medium Large Dogs Perfect Daily Walking(S, Black)(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, Pets First Clemson Hoodie TShirt, LargePink Cheetah ToySeasonals 41116BLK Washable Dog Diaper, Fits Extra Large Dogs, Blackparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Plaid Dog Collar Adjustable (Large, Red) by The Best PetPOPETPOP Bird Carrier Soft Sided Bird Travel Carrier with Perch Pet Travel Bag (Green, L).
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. Pet Dog Cat Stairs 5 Steps for Small Dog Pet Mat Cushion Bed Ramp with Detachable Cover Pet Product, 75 x 60 x 40cmPet Grooming Brush,Open Knot Comb Dog Hair Brush Plastic Handle Comfortable Pet DoubleSided Open Knot CombSecond, 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. Pet Mat, Comfortable Dog Mat, Warm Cotton Pad (color Brown, Size 70x55cm)Pet Out Snack Bag,Pet Snack Bag Dog Training Bag,Pet Out Snack Container Sports Running Drawstring Waist PocketThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen