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.. ____ Red Small Red Small Pet Dog Bed Deluxe Memory Foam Recliner Shaped Sofa pet Bed Dog and catRobart Pinchless The Senior Western Bit(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, S (Wide) Up Country Chevron Dog 1 Collar Small (9-15) Wide 1) by Up CountrySafe & Non-Toxic 5 Pound Bag of Gravel & Pebbles Decor for Freshwater & Saltwater Aquarium w Light Earthy Nature Tone Varied Texture Rustic Pond Creek Style [Brown, Tan, orange, White & Black]particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Shoppy Star 8 pet Shears Dog Grooming Shears Cut Dog Hair Scissors Grooming pet Scissors for cat Curved pet Grooming Scissors Horse Trimmer Set with CombSmall CXQ Dog Bowl Pet Bowl Dog Food Bowl Large Dog Stainless Steel High Bowl Cat Bowl Green Pet Supplies (Size S).
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. Snoozer Luxury Lookout Pet Car Seat, Medium Luxury II, Black with Herringbone by SnoozerSturdy and Scratch-Resistant Cardboard cat Scratch BoardSecond, 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. Purple Alvalley Purple Sport Slip Lead with Leather Stop for Dogs Made of Strong Multifilament Polypropylene Rope (8mm X 123cm Or 5 16 in X 4ft)QZQWQNA Pet Carrier Dog Car Seat Cover Waterproof Puppy Car Booster Seat Predector Outdoor Travel Dog Car BasketThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen