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.. ____ Black L Homyl Reptile Hide Cave Lizard Snake Habitat Increase Humidity Pet Supplies Black L10 to 13-Inch Puppy Bumpers Black Dot Rainy Day Puppy Bumper, 10 to 13-Inch(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, (1 25mm) Stubben 1167 Dynamic Soft TouchKess InHouse Danny Ivan Abstract Shapes Pet Bowl, 7-Inchparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.18\ Bestbuddy Pet colorful Donuts Durable Nylon Designer Fashion Dog Collar Trendy Comfortable Adjustable Dog Collar with Buckle BBP016colorado Saddlery colorado Saddlery Horsehair Mecate 15-12, 5 8 x 22'.
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. KESS InHouse Kess Original Noblefur Red Dots Feeding Mat for Pet Bowl, 18 by 13-Inchbluee L bluee L Pet Dog Costume, Teddy Dog VIP Than Bear, Puppy Pet Navy Suit (color bluee, Size L)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. 1\ Buckle-Down PC-WDY280-M Dog Collar Plastic Clip Buckle, 1 x11-17 , Purple White30x12\ PETMAKER Pet Pool and Bathing Tub-Foldable with Carrying Bag Included, Travel Friendly Tub, 30x12Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen