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 Women’s Nike Air Max 98 Pink Barely Rose Elemental Rose Wmns Sz 8WOMEN'S NIKE AIR MAX 95 WINTER [880303 700] NO WHEAT FLAX ALE GUM BROWN SZ 5(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 Womens NIKE Free 5.0 Trainer Fit 5 Doernbecher 839122 540 Sneakers ShoesNike Flyknit Racer Triple Black Blackout Anthracite SZ 4.5 Womens 6 (526628-009)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Nike Air Max 98 Women's White Reflect Silver Size 9.5 (AH6799 103) NewNike Air Max 1 V SP 'Patch" Black Rare SZ 6 // Womens 7.5 (704901-001).
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. Women's Nike Air Max 2017, Dust/White-Aluminum, (849560 002) US; 7.5Nike Air Max 1 SI Womens Running Training Shoes Particle Rose Size 7.5Second, 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. Nike Roshe Flyknit Multicolor Black Womens Size 11, NIKEiD ID 704927-001 Men 9.5Nike Air Jordan 11 Retro Low Citrus Women's Size 6.5Third, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen