Deepwater Horizon Survivors' Fairness Act

Bill: 112-s-183
Sponsor: Sen. Rockefeller, John D., IV [D-WV]
Introduced: 2011-01-25 in the Senate
Policy area: Transportation and Public Works
Subjects: Accidents
Civil actions and liability
Gulf of Mexico
Marine and coastal resources, fisheries
Oil and gas
Transportation employees
Worker safety and health

Summary:
action_date: 2011-01-25
text: 
Deepwater Horizon Survivors' Fairness Act - Amends federal maritime law formerly known as the Shipowners' Liability Act of 1851 to exclude a claim for personal injury or wrongful death arising from the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010 (the Deepwater Horizon incident), from provisions limiting a vessel owner's liability in specified instances to the value of the vessel and its pending freight. 
 
Amends the Death on the High Seas Act to allow a civil action in law or in admiralty against the person or vessel responsible for a Deepwater Horizon incident death. (Current law allows only a civil action in admiralty when death is caused by a wrongful act, neglect, or default.) Authorizes any related recovery to include fair compensation for nonpecuniary loss (care, comfort, companionship, and society) plus a fair compensation for the decedent's pain and suffering. (Current law allows only fair compensation for pecuniary loss sustained by the individuals for whose benefit the action is brought.)
 
Amends the Jones Act to authorize any recovery in a civil action at law against the employer of a seaman who dies from the Deepwater Horizon incident to include fair compensation for nonpecuniary loss, plus a fair compensation for the decedent's pain and suffering. (Current law allows only certain wrongful death and survival claims as is available to railway employees.)
 
Permits a plaintiff in certain civil actions for damages for personal injury or wrongful death arising from the Deepwater Horizon incident to: (1) sever such claims from other claims in the action, and (2) prohibit the transfer of such claims for coordinated or consolidated pretrial proceedings.

action_date: 2012-11-14
text: 
Deepwater Horizon Survivors' Fairness Act - (Sec. 2) Amends federal maritime law formerly known as the Shipowners' Liability Act of 1851 to exclude a claim for personal injury or wrongful death arising from the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010 (the Deepwater Horizon incident), from provisions limiting a vessel owner's liability in specified instances to the value of the vessel and its pending freight. 
 
(Sec. 3) Amends the Death on the High Seas Act to allow a civil action in law or in admiralty against the person or vessel responsible for a Deepwater Horizon incident death. (Current law allows only a civil action in admiralty when death is caused by a wrongful act, neglect, or default.) Authorizes any related recovery to include fair compensation for nonpecuniary loss (care, comfort, companionship, and society) plus a fair compensation for the decedent's pain and suffering. (Current law allows only fair compensation for pecuniary loss sustained by the individuals for whose benefit the action is brought.)
 
(Sec. 4) Amends the Jones Act to authorize any recovery in a civil action at law against the employer of a seaman who dies from the Deepwater Horizon incident to include fair compensation for nonpecuniary loss, plus a fair compensation for the decedent's pain and suffering. (Current law allows only certain wrongful death and survival claims as is available to railway employees.)
 
(Sec. 5) Applies this Act to: (1) causes of action and claims arising after April 19, 2010; and (2) actions commenced prior to, on, or after enactment of this Act that have not been finally adjudicated, including appellate review, as of such date.


Legislative actions:
action_date: 2012-12-05
text: By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 112-245.
action_date: 2012-12-05
text: By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 112-245.
action_date: 2012-11-14
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 544.
action_date: 2012-11-14
text: Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. Without written report.
action_date: 2012-11-14
text: Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. Without written report.
action_date: 2011-06-08
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2011-01-25
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2011-01-25
text: Introduced in Senate