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.. ____ Catit Style Cuddle Bed, Savage, Grey X-SmallAdvanced Nutrition Ona 8In Control Duct Ducting Odour Smell Removal Hydroponics(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, _ 13.5 _ 13.5 Happy Mouth Pessoa C Olive Thread 2 Calls hb-2822Dog Cat Pet Charms High Maintenance Screen Print Shirts Baby bluee S (10)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Dog Grooming Clipper, Rechargeable Cordless Pet Hair Clipper Set for Dogs Cats, Low Noise Low Vibration Long Endurance Powerful (Leopard Print)40 Live Aquarium Plants 14 Different Kinds 2 Amazon Swords (2 Kinds, 1- RED), 3 Anubias (3 Kinds), Java Fern, Cabomba and Much More Great Selection of Aquarium Plants for 35-40 gal Tanks .
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. Light green 705520cm Light green 705520cm QUD Kennel, removable and washable four seasons universal pet mat large medium and small dogs winter warm pad kennel (color Light green, Size 70 55 20cm)2transmitter+1receiver Wireless Home Waterproof Doorbell, Plug-in Receiver + Transmitter (Self-Powered), Family Company,2Transmitter+1ReceiverSecond, 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. Dog Bag Shoulder Dog Backpack Cat Cage Cat Bag Pet Outing Package Outgoing Portable Dog Bag Outdoor Pet Supplies (color PINK)2-Feet by 3 4-Inch Dean & Tyler Night Walk Double Ply Nylon Dog Leash with A Stainless Steel Ring on Handle and Herm Sprenger Snap Hook, 2-Feet by 3 4-Inch, BlackThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen