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.. ____ bluee Medium bluee Medium Medium and Large Dog Dog Toilet Dog Toilet, Pet Supplies Dog Toilet, Size color OptionalBiuTeFang Pet Bolster Dog Bed Comfort Removable pet sofa cushion cat Nest Pet Nest(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, Dean & Tyler Seizure Alert Service Dog 18 by 21-Inch Patch Collar with 6-Feet Stainless Snap Padded Puppy Leash, Small, BlackCat Warmer Mat Pumpkin Style Soft Retractable Pet Dog Cat Cradle Sleeping Bed Mat Cushion Pad pink(Pink-L)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Light tan M Light tan M Cat Kennel, cat House Small Dog Kennel, Warm cat and Dog mat (color Light tan, Size M)D X-Small D X-Small Raincoat Pet Dog Life Jacket,Dog Swimming Life Jacket Vest in Beach Pool Rowing Safety Swimwear (color D, Size XS).
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. Green Pet Bio Bag Dispenser and 2 Rolls Poop Bags by The Green Pet ShopMed Large Pen 36-Inch New World Pet Products B554-36 Foldable Exercise Pet Playpen, Black, Intermediate 24 x 36 Second, 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. Kess InHouse Catherine Holcombe Welcome to My World Feeding Mat for Pet Bowl, 24 by 15-InchC Kaxima Pet Carrier Backpack Pets out Pack Oxford cloth out Portable pet bag breathable doggy folding bag 46x23x35cmThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen