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 Bed Plush Soft Comfy Washable Cat Dog Bed Waterloo Removable Cushion 63 53 20m CHENGYIPET LIFE Airline Approved Ultra-Comfort Designer Collapsible Travel Fashion Pet Dog Carrier, Medium, Plaid Design(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, PetBemo Curious Cat Condo Portable Opening Cat Play Cube Bed with Cushion Brown, Small to MediumPink 403025cm Pink 403025cm HUAyue Dog Mesh Car Car Bag Oxford Cloth Breathable Safety Seat Pet Car Seat Cushion,Portable cage (color Pink, Size 40 30 25cm)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Pink M (neck 12-15\ Pink M (neck 12-15\ Avenpets Gorgeous Design Genuine Leather Dog Collar with gold Spikes and Studs,Pink,M (Neck 12-15 )Pink Zero Dog Feeding Mat Snuffle Mat Large Dog Training Pad Pet Nose Work Blanket Non Slip Pet Activity Mat For Foraging Skill, Stress Release.
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. Pouring Bamboo Poles Oriental Garden Patio Water Feature KitNavy bluee Chevron Medium Rectangle Indoor Outdoor Pet Dog Bed with Removable Washable Cover by Majestic Pet ProductsSecond, 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. Nylabone Toss & Fetch Dog Toy Stick by Unknownorange Pet Educational Toys Tumbler Leaking Bowl Leaking Food Dog Bowl Education Tumbler Toys Fun Interaction (bluee orange),orangeThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen