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.. ____ Red M red M longing-summer Dog Beds For Large Dogs Dog House Camas Para Perros Grandes Bed Washable Pet Blanket Cooling Mat Sofa Kennel,Red,M 66cm54cm16cmRED M RED M Mosnai Dog Coat Jacket Polar Fleece Lined with Reflective Sewing Coat for Large Medium Small Dog Outside Sport(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, Red M Red M Pet Carrier， Portable Soft Fabric Pet Carrier Folding Dog Cat Puppy Travel Transport Bag (color Red, Size M)Red M Red M PETFDH Oxford Pet Dog Carrier Car Back Seat Pad Mat Hanging Bed for Dog Puppy Cat Waterproof Cat Puppy Travel Predector Pet Products Red Mparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Red M Red M Rolled Dog Leash Pet Training Walking Leads Braided Dogs Rope 5 8 Diameter for Medium Large Dogs 48 Length Red MRed M Red M USB Rechargeable LED Dog Collar Cado Pet Night Safety Retractable Collar with 3 Size and 3 colors (M,Red).
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. Red M Red M YAMEIJIA Pet pie-shaped dog pad removable and washable cat litter medium dog pad kennel M, LRED M(52-60cm) RED M(52-60cm) Dog Vest Harness, Safety Belt Buffer Chest Strap+Leash Two-Piece Strap Outdoor Training Reflective Adjustable for Small Medium Teddy Rope Cat Harness (color RED, Size M(52-60cm))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. Red M 11.4-15'',7 8''width Red M 11.4-15'',7 8''width SLZZ Braided Soft Padded Leather Dog Collars Gleaming Rhinestone Crown & Stylish Braided Heavy Duty Dog Collar for Small Medium Large Dog Breeds Red,MRed MC.PIG Pet Folding Stroller Large Pet Stroller Large Dog Dog Stroller Folding Large Space Bearing 55KG Outing (color Red)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen