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46 U.S.C. § 30301 (SHIPPING)
§ 30301. Short title
This chapter may be cited as the “Death on the High Seas Act”.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30301
46 App.:761 note.
heading: Short Title
text: Act Mar. 30, 1920, ch. 111, 41 Stat. 537, which enacted chapter 21 (§ 761 et seq.) of the former Appendix to this title, was popularly known as the “Death on the High Seas Act”, prior to being repealed and restated in this chapter by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.
46 U.S.C. § 30302 (SHIPPING)
§ 30302. Cause of action
When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30302
46 App.:761(a).
Mar. 30, 1920, ch. 111, § 1(a), 41 Stat. 537; Pub. L. 106–181, title IV, § 404(a)(1), Apr. 5, 2000, 114 Stat. 131.
The words “Subject to subsection (b) of this section” are omitted as unnecessary. The words “3 nautical miles” are substituted for “a marine league” for clarity. The words “United States” are substituted for “any State, or the District of Columbia, or the Territories or dependencies of the United States” because of the definition of “United States” in chapter 1 of the revised title. The words “bring a civil action” are substituted for “maintain a suit” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “for damages” are omitted as unnecessary. The words “in the district courts of the United States” are omitted as unnecessary because of 28 U.S.C. 1333. The words “person or vessel” are substituted for “vessel, person, or corporation” because of 1 U.S.C. 1. The word “responsible” is substituted for “which would have been liable if death had not ensued” to eliminate unnecessary words.
46 U.S.C. § 30303 (SHIPPING)
§ 30303. Amount and apportionment of recovery
The recovery in an action under this chapter shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought. The court shall apportion the recovery among those individuals in proportion to the loss each has sustained.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
30303
46 App.:762(a).
Mar. 30, 1920, ch. 111, § 2(a), 41 Stat. 537; Pub. L. 106–181, title IV, § 404(b)(1), Apr. 5, 2000, 114 Stat. 131.
The words “and just” are omitted as redundant to “fair”. The words “each has sustained” are substituted for “they may severally have suffered by reason of the death of the person by whose representative the suit is brought” to eliminate unnecessary words.
46 U.S.C. § 30304 (SHIPPING)
§ 30304. Contributory negligence
In an action under this chapter, contributory negligence of the decedent is not a bar to recovery. The court shall consider the degree of negligence of the decedent and reduce the recovery accordingly.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30304
46 App.:766.
Mar. 30, 1920, ch. 111, § 6, 41 Stat. 537.
46 U.S.C. § 30305 (SHIPPING)
§ 30305. Death of plaintiff in pending action
If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default, the personal representative of the decedent may be substituted as the plaintiff and the action may proceed under this chapter for the recovery authorized by this chapter.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
30305
46 App.:765.
Mar. 30, 1920, ch. 111, § 5, 41 Stat. 537.
The words “If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default” are substituted for “If a person die [sic] as the result of such wrongful act, neglect, or default as is mentioned in section 761 of this Appendix during the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such act, neglect, or default” to eliminate unnecessary words. The words “the plaintiff” are substituted for “a party” to be more precise.
46 U.S.C. § 30306 (SHIPPING)
§ 30306. Foreign cause of action
When a cause of action exists under the law of a foreign country for death by wrongful act, neglect, or default on the high seas, a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action, without abatement of the amount for which recovery is authorized.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30306
46 App.:764.
Mar. 30, 1920, ch. 111, § 4, 41 Stat. 537.
The words “a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action” are substituted for “such right may be maintained in an appropriate action in admiralty in the courts of the United States” for clarity and consistency. The words “any statute of the United States to the contrary notwithstanding” are omitted as unnecessary.
46 U.S.C. § 30307 (SHIPPING)
§ 30307. Commercial aviation accidents
(a) Definition.—
In this section, the term “nonpecuniary damages” means damages for loss of care, comfort, and companionship.
(b) Beyond 12 Nautical Miles.—
In an action under this chapter, if the death resulted from a commercial aviation accident occurring on the high seas beyond 12 nautical miles from the shore of the United States, additional compensation is recoverable for nonpecuniary damages, but punitive damages are not recoverable.
(c) Within 12 Nautical Miles.—
This chapter does not apply if the death resulted from a commercial aviation accident occurring on the high seas 12 nautical miles or less from the shore of the United States.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1512.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
30307(a)
46 App.:762(b)(2).
Mar. 30, 1920, ch. 111, §§ 1(b), 2(b); as added Pub. L. 106–181, title IV, § 404(a)(2), (b)(2), Apr. 5, 2000, 114 Stat. 131.
30307(b)
46 App.:762(b)(1).
30307(c)
46 App.:761(b).
In subsections (b) and (c), the words “the United States” are substituted for “any State, or the District of Columbia, or the Territories or dependencies of the United States” because of the definition of “United States” in chapter 1 of the revised title.
In subsection (b), the words “of a decedent” are omitted as unnecessary.
In subsection (c), the words “if the death resulted from a commercial aviation accident occurring on the high seas” are substituted for “In the case of a commercial aviation accident, whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas” for consistency with subsection (b) and to eliminate unnecessary words. The words “and the rules applicable under Federal, State, and other appropriate law shall apply” are omitted as unnecessary.
46 U.S.C. § 30308 (SHIPPING)
§ 30308. Nonapplication
(a) State Law.—
This chapter does not affect the law of a State regulating the right to recover for death.
(b) Internal Waters.—
This chapter does not apply to the Great Lakes or waters within the territorial limits of a State.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1512.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
30308
46 App.:767.
Mar. 30, 1920, ch. 111, § 7, 41 Stat. 538.
In subsection (a), the words “law of a State” are substituted for “any State statute” for consistency in the revised title. The words “regulating the right to recover for death” are substituted for “giving or regulating rights of action or remedies for death” to eliminate unnecessary words.
In subsection (b), the words “or to any navigable waters in the Panama Canal Zone” are omitted because the Panama Canal Zone was transferred to the Republic of Panama.
46 U.S.C. § 30501 (SHIPPING)
§ 30501. Definition
In this chapter, the term “owner” includes a charterer that mans, supplies, and navigates a vessel at the charterer’s own expense or by the charterer’s own procurement.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1512.)
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Source (U.S. Code)
Source (Statutes at Large)
30501
46 App.:186.
R.S. § 4286.
The words “In this chapter” are substituted for “within the meaning of the provisions of title 48 of the Revised Statutes relating to the limitation of the liability of the owners of vessels” because of the codification of title 46, United States Code. The word “supplies” is substituted for “victual” for clarity. The words “and such vessel, when so chartered, shall be liable in the same manner as if navigated by the owner thereof” are omitted as unnecessary.
46 U.S.C. § 30502 (SHIPPING)
§ 30502. Application
Except as otherwise provided, this chapter (except section 30503) applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1512.)
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Source (U.S. Code)
Source (Statutes at Large)
30502
46 App.:188.
R.S. § 4289; Feb. 18, 1875, ch. 80, § 1 (related to R.S. § 4289), 18 Stat. 320; June 19, 1886, ch. 421, § 4, 24 Stat. 80; June 5, 1936, ch. 521, § 4, 49 Stat. 1481.
46 U.S.C. § 30503 (SHIPPING)
§ 30503. Declaration of nature and value of goods
(a) In General.—
If a shipper of an item named in subsection (b), contained in a parcel, package, or trunk, loads the item as freight or baggage on a vessel, without at the time of loading giving to the person receiving the item a written notice of the true character and value of the item and having that information entered on the bill of lading, the owner and master of the vessel are not liable as carriers. The owner and master are not liable beyond the value entered on the bill of lading.
(b) Items.—
The items referred to in subsection (a) are precious metals, gold or silver plated articles, precious stones, jewelry, trinkets, watches, clocks, glass, china, coins, bills, securities, printings, engravings, pictures, stamps, maps, papers, silks, furs, lace, and similar items of high value and small size.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1512.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
30503
46 App.:181.
R.S. § 4281.
In subsection (a), the words “load” and “loading” are substituted for “lade” and “lading” to use more common terminology. The words “person receiving the item” are substituted for “master, clerk, agent, or owner of such vessel receiving the same” to eliminate unnecessary words. The words “thereof in any form or manner” and “and according to the character thereof so notified and” are omitted as unnecessary.
In subsection (b), the words “precious metals” are substituted for “platina, gold, gold dust, silver, . . . or other precious metals, . . . gold or silver in a manufactured or unmanufactured state”, the words “precious stones” are substituted for “diamonds, or other precious stones”, the words “watches, clocks” are substituted for “watches, clocks, or timepieces of any description”, the words “coins, bills, securities” are substituted for “bullion, . . . coins, . . . bills of any bank or public body, . . . orders, notes, or securities for the payment of money”, the word “papers” is substituted for “writings, title deeds”, and the word “silks” is substituted for “silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with any other material”, to eliminate unnecessary words. The words “and similar items of high value and small size” are added to ensure that any of the items specifically named in the source but omitted in the revised section, or similar items, will be covered by this section.
46 U.S.C. § 30504 (SHIPPING)
§ 30504. Loss by fire
The owner of a vessel is not liable for loss or damage to merchandise on the vessel caused by a fire on the vessel unless the fire resulted from the design or neglect of the owner.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513.)
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Source (U.S. Code)
Source (Statutes at Large)
30504
46 App.:182.
R.S. § 4282.
The words “liable for” are substituted for “liable to answer for or make good to any person”, the words “merchandise on the vessel” are substituted for “any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel”, and the words “caused by a fire on the vessel” are substituted for “by reason or by means of any fire happening to or on board the vessel”, to eliminate unnecessary words.
46 U.S.C. § 30505 (SHIPPING)
§ 30505. General limit of liability
(a) In General.—
Except as provided in section 30506 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owner’s proportionate interest in the vessel and pending freight.
(b) Claims Subject to Limitation.—
Unless otherwise excluded by law, claims, debts, and liabilities subject to limitation under subsection (a) are those arising from any embezzlement, loss, or destruction of any property, goods, or merchandise shipped or put on board the vessel, any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner.
(c) Wages.—
Subsection (a) does not apply to a claim for wages.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513.)
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Source (U.S. Code)
Source (Statutes at Large)
30505
46 App.:183(a).
R.S. § 4283(a); Aug. 29, 1935, ch. 804, § 1, 49 Stat. 960; June 5, 1936, ch. 521, § 1, 49 Stat. 1479.
46 App.:189
June 26, 1884, ch. 121, § 18, 23 Stat. 57.
In subsection (a), the words “Except as provided in section 30506 of this title” are substituted for “except in the cases provided for in subsection (b) of this section” because 46 App. U.S.C. 183(b) is restated in section 30506 of the revised title. The words “whether American or foreign” are omitted as unnecessary because of section 30502 of the revised title. The words “shall not exceed the value of the vessel and pending freight” are substituted for “shall not . . . exceed the amount or value of . . . such vessel, and her freight then pending” in 46 App. U.S.C. 183(a) and for “the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending” in 46 App. U.S.C. 189 for consistency and to eliminate unnecessary words. The last sentence is substituted for “the interest of such owner in” in 46 App. U.S.C. 183(a) and for “The individual liability of a shipowner shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole” in 46 App. U.S.C. 189 for clarity and consistency. The words “Provided, That this provision shall not prevent any claimant from joining all the owners in one action” in 46 App. U.S.C. 189 are omitted as unnecessary.
Subsection (c) is substituted for “nor shall the same apply to wages due to persons employed by said shipowners” in 46 App. U.S.C. 189 because of the reorganization of the source provisions.
46 U.S.C. § 30507 (SHIPPING)
§ 30507. Apportionment of losses
If the amounts determined under sections 30505 and 30506 of this title are insufficient to pay all claims—
(1) all claimants shall be paid in proportion to their respective losses out of the amount determined under section 30505 of this title; and
(2) personal injury and death claimants, if any, shall be paid an additional amount in proportion to their respective losses out of the additional amount determined under section 30506(b) of this title.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513.)
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Source (U.S. Code)
Source (Statutes at Large)
30507
46 App.:183(b) (last sentence).
R.S. § 4283(b) (last sentence); Aug. 29, 1935, ch. 804, § 1, 49 Stat. 960; June 5, 1936, ch. 521, § 1, 49 Stat. 1479; Pub. L. 98–498, title II, § 213(a), Oct. 19, 1984, 98 Stat. 2306.
46 App.:184.
R.S. § 4284; Feb. 27, 1877, ch. 69, § 1 (related to R.S. § 4284), 19 Stat. 251.
This section is substituted for 46 App. U.S.C. 183(b) (last sentence) and 184 (words before semicolon) for clarity and consistency and to eliminate unnecessary words. The text of 46 App. U.S.C. 184 (words after semicolon) is omitted as unnecessary. See G. Gilmore & C. Black, The Law of Admiralty, § 10–8 (2d ed. 1975).
46 U.S.C. § 30509 (SHIPPING)
§ 30509. Provisions limiting liability for personal injury or death
(a) Prohibition.—
(1) In general.—
The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting—
(A) the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or
(B) the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.
(2) Voidness.—
A provision described in paragraph (1) is void.
(b) Emotional Distress, Mental Suffering, and Psychological Injury.—
(1) In general.—
Subsection (a) does not prohibit a provision in a contract or in ticket conditions of carriage with a passenger that relieves an owner, master, manager, agent, operator, or crewmember of a vessel from liability for infliction of emotional distress, mental suffering, or psychological injury so long as the provision does not limit such liability when the emotional distress, mental suffering, or psychological injury is—
(A) the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator;
(B) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or
(C) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator.
(2) Sexual offenses.—
This subsection does not limit the liability of a crewmember or the owner, master, manager, agent, or operator of a vessel in a case involving sexual harassment, sexual assault, or rape.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1514.)
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Source (U.S. Code)
Source (Statutes at Large)
30509
46 App.:183c.
R.S. § 4283B, as added June 5, 1936, ch. 521, § 2, 49 Stat. 1480; Oct. 19, 1996, Pub. L. 104–324, § 1129(b), 110 Stat. 3984.
In subsection (a)(1), before subparagraph (A), the words “may not” are substituted for “It shall be unlawful” for consistency in the revised title and with other titles of the United States Code. The words “rule” and “agreement” are omitted as covered by “regulation” and “contract”, respectively. The words “a provision limiting” are substituted for “any provision or limitation (1) purporting . . . to relieve . . . , or (2) purporting . . . to lessen, weaken, or avoid” to eliminate unnecessary words. In subparagraph (A), the words “the owner’s employees or agents” are substituted for “his servants” for consistency in the revised title. In subparagraph (B), the words “on the question of liability for such loss or injury, or the measure of damages therefor” are omitted as unnecessary.
Subsection (b)(2) is substituted for 46 App. U.S.C. 183c (last sentence) for consistency and to eliminate unnecessary words.
46 U.S.C. § 30510 (SHIPPING)
§ 30510. Vicarious liability for medical malpractice with regard to crew
In a civil action by any person in which the owner or operator of a vessel or employer of a crewmember is claimed to have vicarious liability for medical malpractice with regard to a crewmember occurring at a shoreside facility, and to the extent the damages resulted from the conduct of any shoreside doctor, hospital, medical facility, or other health care provider, the owner, operator, or employer is entitled to rely on any statutory limitations of liability applicable to the doctor, hospital, medical facility, or other health care provider in the State of the United States in which the shoreside medical care was provided.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1515.)
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Source (U.S. Code)
Source (Statutes at Large)
30510
46 App.:183(g).
R.S. § 4283(g); Pub. L. 104–324, § 1129(a), Oct. 19, 1996, 110 Stat. 3984.
The words “civil action” are substituted for “suit” for consistency in the revised title. The words “is entitled to rely on any statutory” are substituted for “shall be entitled to rely upon any and all statutory” to eliminate unnecessary words.
46 U.S.C. § 30511 (SHIPPING)
§ 30511. Action by owner for limitation
(a) In General.—
The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim.
(b) Creation of Fund.—
When the action is brought, the owner (at the owner’s option) shall—
(1) deposit with the court, for the benefit of claimants—
(A) an amount equal to the value of the owner’s interest in the vessel and pending freight, or approved security; and
(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or
(2) transfer to a trustee appointed by the court, for the benefit of claimants—
(A) the owner’s interest in the vessel and pending freight; and
(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter.
(c) Cessation of Other Actions.—
When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1515.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30511
46 App.:185.
R.S. § 4285; June 5, 1936, ch. 521, § 3, 49 Stat. 1480.
In subsection (a), the words “bring a civil action . . . in a district court of the United States” are substituted for “petition a district court of the United States” for consistency in the revised title and with other titles of the United States Code. See rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “of competent jurisdiction” are omitted as unnecessary.
In subsection (b), the word “pending” before “freight” is added for consistency in the chapter. The words “to carry out this chapter” are substituted for “to carry out the provisions of section 183 of this Appendix” because of the reorganization of the source provisions.