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.. ____ Earth Kalso Allure Caribou Negative Heel Brown Mary Janes Women's US 6.5BBear Traps MAIYA Womens Elastic Slip On Ballet Flats Sz 7 M Bow Accent 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, Fitflop Wos Shoes Sneakers 236-012 US 8 Bronze Leather Walking athletic 2000Womens Ladies Clarks Bendables Animal Print Brown Slip-On Loafers Size 8Mparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Skechers Modern Comfort Women's Reggae Fest-Purity Scuff SlipperSAS Women Black 9.5 S Roamer Leather T Strap Tri Pad Comfort Mary Jane Shoes.
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. Merrell Lychee Womens 9 Orange Suede Mesh Mary Jane Sneaker ShoesTROTTERS Mary Jane Style Flats 7.5 M Silver Leather Split Toe Slingback ComfortSecond, 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. Klogs Womens Via Mary Jane Flat Hunter Red & Driftwood Brown Size 6.5 MLifeStride Women's Daisie Flat, Copper, 6 M USThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen