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.. ____ Green 6350cm Green 6350cm Pet Cool mat Pet Cool Pad Dogs Mat Bamboo Double-Sided Breathable Summer Waterproof Mattress Kennel Cats Cooling Pad Sleeping Pad bluee Green orange pet Cool pad (color Green, Size 6350cm)bluee ZiJieShiYe New pet space bag breathable out portable backpack multi-function pet bag trolley case (color bluee)(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, JIAHUADE Couple Decoration Wedding Proposal Moss Micro Landscape Resin Decoration Bride and Groom Small Decoration CraftsCamo Grey XXXL Camo Grey XXXL Yu-Xiang Large Dog Raincoat Pet Strip Reflective Waterproof Costume Dogs Raining Jacket Poncho Hoodies (XXXL, Camo Grey)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.ELIVE 034111 Betta Bubble with Led Light White, 18.9l4wire Animal Run 6ft x 6ft 16G Strong Fox Dog Proof Cat Safe Enclosure Mesh Roof.
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. Hamilton Single Thick Dog Leash with Ribbon Overlay, 5 8 x 6', American PatternDean and Tyler GAIA Dog Collar With Brass Buckle Black Size 46cm By 5cm Width. Fits neck size 16 Inches to 20 Inches.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. DOGPRO Game ON 20KG (DDGO20)Extra Large 10.25\ Ideal Pet Products 3-Panel Airseal and VIP Pet DoorReplacement Flap, Extra Large, 10.25 x 15.75 Flap SizeThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen