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.. ____ Pet Backpack Summer Breathable Dog Bag Cat Bag Dog Bag Travel Bag BackpackPet Backpack Travel Bag Surface Breathable Mesh Pet Carrier Outdoor Cat and Puppies bluee(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, Pet Backpack, Breathable Mesh Handbag, Comfortable Portable Shoulder Bag, Foldable Animal Travel Bag (Light bluee),SmallPet Backpack, Travel Portable Cat Dog Bubble Carrier Breathable Capsule Astronaut Waterproof Canvas (color C)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Pet Backseat Cover with Safe Belt,Dog Cat Sitting Mat Soft-Sided,Hammock Oxford 600D Waterproof Anti-Scratch Proof Nonslip Durable Soft for Car Truck and SUVPet Bag Breathable Portable Folding Travel Hiking Camping Oxford Cloth Outdoor Pet Bag,S.
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. Pet Bag Detachable Trolley Case Pet Out Carrying Bag Pet Backpack Cat Bag Trolley Case Pet Backpack High Light Rod Alloy More Durable Double Row WheelPet Bag Large Space Material Multi-Function Pocket Travel Hiking Camping bluee Hands-Free Outdoor Pet BagSecond, 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. Pet Bag Out Portable Cat Case Breathable Doggy Bag Pet Car Bag 54 35 29cm (Grey)Pet Bag Pet Trolley Bag Out Cat Shoulder Bag Can Be Fully Enclosed Four Seasons Suitable for Medium-Sized Dogs Polyester Fabric 18.1x12.5x15.3 Inches (Houndstooth)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen