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.. ____ Uniqus Geyiren A5 HUD 3.5 inch Car Head Up Display with GPS System, Two Mode Display, Light Sensors, KM h MPH Speed, Compass, Speed Alarm(Black)Uniqus GSM GPRS GPS Positioning Tracker Real Time Positioning SMS APP Tracking Sound Alarm Monitoring for iOS Android(Black)(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, Uniqus HSC HSC-103 12-24V Car Charger Dual USB Adapter with Voltage Monitoring Wireless blueetooth MP3 2.4A Output Car Cigarette LighterUniqus Intelligent Charger with Earphone BT Headset Battery Voltage FM Frequency Alternately Displayed Car Charger Smart Diversion of USB Port Support Hands-Free Call & Dual USB Fast Chargingparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Uniqus JIEKAI 105 Full Face Helmet Electromobile Motorcycle Double Lens Predective Helmet, Size L(Red+Transparent)Uniqus JSD-520 Car MP3 Player with Remote Control, Support FM, BT, USB SD MMC.
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. Uniqus Leather Steering Wheel CoverUniqus Momo Car Modified 33.5cm Metal + ABS Racing Sport Horn Button Steering Wheel(Black)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. Uniqus Momo Vehicle Car Modified Racing Sport Horn Button Steering Wheel, Diameter 32cm (bluee)Uniqus Multifunctional Wireless blueetooth 5.2A 3 USB Ports Car Charger with Stereo HiFi FM Radio & LED Screen Charging Voltage Display & Hands-free Call Functions for Cars & Pickups & SUV & Smartphones & Tablets & PSP & PDA & GPS & MP3 & MP4 and other USThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen