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 OWIKAR Pet Foldable Tent Playpen Portable Dog Fence Kennel Cage Crate Exercise Removable 8-Panel Kennel Mesh Shade Cover Indoor Outdoor for Puppy Cats and Animals (Red)Red Pengfeng Retractable Dog Leash, 10 ft Dog Walking Leash for Medium Large Dogs up to 70lbs, Tangle Free, One Button Break & Lock(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, RED Pet Backpack Pet Outing Bag Portable Pet Bag Breathable Pet Backpack (color RED)RED Pet Bed Cat Villa House Villa Nest Small Dog Pet Nest Kennel Hamburger Cat Litter A+ (color RED)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Red Pet Carrier Bag,Soft Fabric Pet Carrier Pet Carry Travel Shoulder Bag with Mesh Windows,for Car Bike Travelling,RedRED Pet Dog Squeak Toy Cotton Linen Cute Shape Teeth Clean Toys Molars Sound Dog Toys for Small Medium Dog Cat (color RED).
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. RED Pet Nest Dog Bed Winter Kennel Mat Cat Nest Warm Soft Dog Bed, Pet Nest Personalized (color RED)Red Pet Shaver Dog Clipper Rechargeable Large Dog Universal Clipper with Beauty ToolsSecond, 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. Red Pet Stroller Dog Cart Foldable Four Wheels Trolley Suspension Reversal Cat and Dog Stroller Large Pet Travel Supplies Outdoor Breathable Trolley Small and Medium Pets,RedRED Pet Stroller Large Stroller Travel Giant Injured Dog Multiple are Suitable for Detachable (color RED)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen