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.. ____ NEW Dr Martens Hambleton II 14489220 Tan Suede Shoes Mens US 13Mens Suede Pull On Embroider Flat Heels Round Toe Formal Evening Shoes Slip On(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, New Keen 1018767 Uneek EXO Blue / Steel Grey Men's Water Shoes 11 USDR. MARTENS 10940 OXFORD SHOES, US 11, GENUINE, ORIGINALparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Vogue Dress Shoes Slip on Flat Bow MEN Suede Leather Driving Slippers LoafersDockers Size 10 M Black Leather Work Slip Resistant New Mens 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. Clarks Unstructured Brown Un-Scan Leather shoe $138 8Sperry 7 Seas 3 Eye Men's Size 8 Taupe Camo Casual Boat Shoes STS17446 NEWSecond, 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. Mens Converse 153937C Jack Purcell S-Series Hi Black Buff 153937C SZ 6 NO LID*Calvin Klein Jeans Men's Shoes Parry Oxford Size 11 Black Great ConditionThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen