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.. ____ Valentino Black Pumps Size US 7.5 Regular (M, B)Stuart Weitzman 5050 Boots/Booties Size US 5.5 Regular (M, B)(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, Christian Louboutin Nude Anjalina 100 Patent Gold Mini Spike Heel 38 Pumps Size US 8 Regular (M, B)Christian Louboutin White Blue Cataclou 140 Denim Espadrille Sandals Heel Wedges Size US 7 Regular (M, B)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Christian Louboutin Purple and Gold Platforms Pumps Size US 8 Regular (M, B)Christian Louboutin Leopard Daffodile Jacquard 160 Platforms Size US 7.5 Regular (M, B).
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. Valentino Sky-blue Rockstud Flats Size US 8 Regular (M, B)Christian Louboutin Black Classic Madame Menule 100mm Strass Bow Velvet Point Toe Sz. Euro Pumps Size EU 39.5 (Approx. US 9.5) Regular (M, B)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. Christian Louboutin Pigalle Follies Glitter Sirene Silver 39.5 100mm Pumps Size US 9.5 Regular (M, B)Valentino Flat Rockstud Black Leather Sandals Size US 6.5 Regular (M, B)Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen