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.. ____ 112cm Round Water Feature Pebble Pool and Heavy Duty LidKESS InHouse Strawberringo Sushi Pattern orange Brown Pet Bowl, 4.75 (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, 3 Step Dog Stairs For Couch, Pet Dog Cat Steps Stairs for High Bed and Sofe, Dog Steps Ladder for Smaller and Older Dogs, PU Leather, Pink (color 3 Step)Kess InHouse Nikposium Boysenberry Pet Bowl, 7-Inch, bluee Purpleparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.CTAO Portable Pet Travel Carrier Backpack For Cats Small Medium Dogs Pets Larger Space Capsule Breathable 38 26 38cm,Purple-depth38 45cmAndrewex wooden fence 164 180 x 90, varnished,teak, garden fence, privacy, fencing panel.
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. M LLYU Dog Clothes Devil pet Coat Autumn and Winter Clothing (Size M)10 small pieces HUYP Baby Playpen Baby Playpen Panels Baby Fence Play Area Baby Fence Safety Baby Playpen with Door Pet Fence (Size 10 Small Pieces)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. DIYthinker Colombia National Emblem Country Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftKess InHouse Miranda Mol Festive Splash Feeding Mat for Pet Bowl, 18 by 13-InchThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen