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.. ____ Dog Brush and Cat Brush, Hair Removal Brush Dog Hair and Cat Hair Removal Tool Effective Beauty Tools and Reduced pet Hair shed up to 95%, The Best Beauty ToolsDean & Tyler New DT FUN Dog Harness With Padded Chest Piece With 3 Straps, Yellow Trim Size Medium (Will Fit 71cm 86cm) with I AM A BOY Velcro Patches, Black White(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, Kennel Pads Dog Beds Flannel Dog Bed, Durable Non-Skid Waterproof Pet nest Removable Cover Wear Resistant-B XXL Cat Bed Pet Supplies Cover3X5m Tarpaulin Transparent Polyethylene PE Waterproof Windproof Greenhouse Garden Agriculture Tarp (Size 3X5m)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.J.C. Quarter Horse UJSBL Uncle Jimmys Squeezy Buns 1.4kgA Large A Large Elevated Raised Double Cat Bowls, Pet Feeder Solid Bamboo Stand Stainless Steel &Ceramic Double Pet Bowl,Suitable for Cats Dog.
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. 4 Hornwort Bunch 5+ Stems Ceratophyllum Demersum Beginner Tropical Live Aquarium PlantKalahari brown Small Kalahari brown Small P.L.A.Y. 817152011941 Pet Lifestyle and You Kalahari Brown Lounge Bed, Eco Friendly 100-Percent Cotton Cover, and Eco Friendly Fill SmallSecond, 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. Dean & Tyler Fun Harness, Ron Paul 2012, Black with Yellow Trim, Medium, Fits Girth Size 28-Inch to 34-InchKnight Pet Runtzees Latex bluee Monkey ToyThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen