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.. ____ KESS InHouse Kess Original Monogram Solid Grey Letter F Feeding Mat for Pet Bowl, 18 by 13-InchLEDENET 20 6500K-7000K White Super Bright 30LEDs 5050 Aquarium LED Strip for Fish Tanks Waterproof Aluminum Lights 12V DC LED Linear Lighting(Cold White 20 Long)(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, Brown XL Brown XL Tongboshi Dog Bed, Detachable Puppy, Teddy golden Dog Pad, Large Dog Bed, Small Medium and Large Mattress, Dog Mattress, Pet Supplies, Garfield, Kennel (color Brown, Size XL)6Ft. Long 1.0 Inches wide Regular Buckle-Down Party with Sluts Outline Black Multi Neon Dog Leash, 6'particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.7 4 Wheels Pet Stroller Cat Dog Cage Stroller Travel Folding Carrier,35lbs Capacity Travel Lite Foldable Carrier Strolling Cart1 Ceiling Mosquito Net Heighten Encrypted Ceiling Lace Princess Dome Mosquito Send Stick,1.
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. bluee Striped Back 15.56'' Chest 22.04'' bluee Striped Back 15.56'' Chest 22.04'' MDCT Soft Warm Fleece Dog Clothes Pets Puppy Cold Weather Coat Mexican Style bluee Striped Back 15.56'' Chest 22.04'',M- 36\ BESSIE AND BARNIE Signature Frosted Glacier Black Puma Extra Plush Faux Fur Bagel Pet Dog Bed (Multiple Sizes)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. Fitwarm Pink Sweet Pet Dog Dress Lace Ribbon Clothes Shirts M by FitwarmFENGRUIL Knots Block Bird Chewing Toys for Parred Wood Rainbow Ladders Swing Bridge for Pet TrainningThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen