In late March 2019, the United States Supreme Court heard oral arguments in Dutra Group v. Batterton, a case that turns on whether the general maritime law precludes a seaman from recovering punitive damages under an unseaworthiness claim for injuries sustained while working on a vessel. While the Supreme Court’s imminent (at the time of this writing) decision is likely to resolve a circuit court split on this issue, it could create an ocean of uncertainty for vessel owners, their customers and insurers on how to best defend a claim asserting Jones Act and general maritime law remedies.

If a seaman suffers injury due to an unsafe condition aboard a vessel, the seaman may pursue a Jones Act negligence claim against his employer for not providing a reasonably safe place to work or an unseaworthiness claim against the vessel owner for a vessel that is not reasonably fit for its intended use. Unseaworthiness is a strict liability claim that imposes liability even if the vessel owner had no knowledge of the unseaworthy condition.