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.. ____ Earthbath Dog Cat Grooming Bundle (1) Each Ear Wipes and Eye Wipes, 25 CountL 6060cm LITING Cat Litter Sleeping Bag Pet Bed Pet Nest Pad Teddy Kennel Removable And Washable Cat Supplies Summer Slice Toast Cushion (Size L 60 60cm)(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, Espresso 20\ Espresso 20\ Doggone Collars Ranger Luxury Bridle & Napa Leather & Oxidized Brass Square Studs Texas Star Dog Collar (20 , Espresso)Kess InHouse Frederic Levy-Hadida Fancy Stripes Light Pet Bowl, 7-Inchparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Dandie Dinmont Terrier Lekven Design Dog Plate 19.5 cm 7.61 inches Made in Denmark NEW with certificate of origin PLATE 7571Brown 6 US Brown 6 US Women's Fashion Boots PU(Polyurethane) Fall Minimalism Boots Chunky Heel Booties Ankle Boots Black Brown.
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. Green & White Geometric Pattern 30-Inch Green & White Geometric Pattern 30-Inch Midwest Home For Pets 30 Grn Geo FLC Rvse Crate Pad-Defender Mat140×140×195CM ZAQ Mini Greenhouse Small Indoor Outdoor Gardening Flowerpot Cover Backyard Flower Shelter, 120×50×57cm (Size 140×140×195CM)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. Kess InHouse Nika Martinez Glitter Triangles in gold Fleece Dog Bed, 50 by 60 , Tan YellowKess InHouse Ebi Emporium Jungle Fever Multicolor Fleece Dog Bed, 30 by 40 Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen