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.. ____ Uxcell Aquarium Aquatic Plant Tank CO2 Dual Gauge Display Regulator w Bubble Counter Silver ToneWaterproof Dog Seat Cover Car Seat Cover for Pets Seat Cover Hammock Heavy Duty Scratch Proof Nonslip Durable Soft Pet Back Seat Covers for Cars Trucks and SUVs(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, White L White L New Equine Wear Unisex's NEW0145 New Fleece Brushing Boot, White, LargeWorldPet Thera Cool Cool Pouch System + Bonus Cooling Pad (Small Medium)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.X-Large 40\ Kess InHouse Cathy Rodgers purple and Lemon Purple Green Dog Bed, 30 by 40-InchXXL Eskadron Sweat Rug POLAR Jersey blackbluee HERITAGE 18 19.
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. Yellow M-5845cm Yellow M-5845cm ZXCC Large Kennel Bamboo Weave in Pet Nest Rattan Mat (two Styles Available) (color Yellow, Size M-58 45cm)ZHONGYI666 Dog Dryer,2800w High Powerpet Dryer Dog Cat Pet Hair Dryer, Pet Grooming Hair Dryer, Stepless Adjustable Speed Blower Heater With 3 Wind Concentrators Safe Sturdy ConvenientSecond, 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. Tan Large 25 cm Tan Large 25 cm Comfy Cone Pet E-Collar, Large, TanTM Aquatix 25 KG LAVA ROCK NATURAL AQUARIUM DECORATION TROPICAL AQUASCAPING MALAWI, IWAGUMIThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen