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.. ____ DIYthinker Dominican Republic National Emblem Country Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftDr. Becker's Joint Tendon Solutions Shaker(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, 17\ Super-comfy Deeper seat GP Saddle Synthetic CHANGEABLE GULLET BLACK800 GPH Circulation Pump Wave Maker Aquarium Reef Powerhead Suction Cup Mount (Only ship to USA) by Sun Microsystemsparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Coffee XL coffee XL MESASA Fleece Cold Weather Dog Vest for Small Dogs (XL, coffee)KenAg Breakproof Sock Box of 50 3 X 23 3 8 Tan.
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. ANDRE pet supplies Cat Sleeping Bag Semi-closed Bed Small Pet House Cat House Kennel Keep Warm Pet Supplies Pet BedDIYthinker Halloween Round Lifelike Skull Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftSecond, 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. Carhartt Pet Blanket 59.5 x45.5 Carhartt Brown Reversible Pet Blanket with Water Repellent CoatingHomyl Pack of 2, Extra Large Foldable Dog Pet Pool Bathing Tub Red (31.5 Inch X 11.81 Inch)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen