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.. ____ Puma Fierce Strap Leather Wn's P19056902Gentlemen/Ladies: Lebron 3 size 12: Remember(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, ADIDAS NEU ORIGINALS RESPLIT LO LEDER SNEAKER RETRO rotAdidas Maduro Running Women's Shoesparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Man's/Woman's：Puma Motorina Ballerina Distressed Chocolate Brown 304359 02 Women's SZ 6：speed logistics grabadidas Copa Super Suede Mens Trainers US 7.5 /3 REF 177.
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. New Puma 189938 03 Speed Ignite Netfit Black Women's Running Shoes 6.5 USAdidas Pro Model Shoes White With Red Stripes Size 10.5Second, 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. adidas Crazy Bounce - Black - MensGentleman/Lady: Nike Terminator Low: FashionThird, allowing punitive damages would place American shippers at a significant competitive disadvantage and discourage foreign-owned vessels from employing American seamen