Hammers' Law

Bill: 118-s-1085
Sponsor: full_name: Sen. Fischer, Deb [R-NE]
Introduced: 2023-03-30
Policy area: Transportation and Public Works
Latest action: action_date: 2023-03-30
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2023-03-30
action_desc: Introduced in Senate
text: <p><b>Hammers' Law</b></p> <p>This bill authorizes a party in a civil suit to recover nonpecuniary damages (i.e., damages for loss of care, comfort, and companionship) when an individual dies as a result of a cruise ship accident that occurred on the high seas beyond 12 nautical miles from the U.S. shore. The nonpecuniary damages may be in addition to other damages, but punitive damages are not recoverable. Current law already permits these damages to be recovered if a death was caused by a commercial aviation accident on the high seas.</p>

tv_txt: II 118th CONGRESS 1st Session S. 1085 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mrs. Fischer (for herself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide authorization for nonpecuniary damages in an action resulting from a cruise ship voyage occurring on the high seas.

1. Short title This Act may be cited as the Hammers' Law . 2. Limitations in certain cases (a) In general Section 30307 of title 46, United States Code, is amended— (1) in the section heading, by striking Commercial aviation accidents and inserting Limitations in certain cases ; (2) by striking subsection (a) and inserting the following: (a) Definitions In this section: (1) Cruise ship The term cruise ship means a passenger vessel, other than a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State, that— (A) is authorized to carry at least 250 passengers; (B) has onboard sleeping facilities for each passenger; (C) is on a voyage that embarks or disembarks passengers in the United States; and (D) is not engaged on a coastwise voyage. (2) Nonpecuniary damages The term nonpecuniary damages means damages for loss of care, comfort, and companionship. ; (3) in subsection (b), by inserting or cruise ship voyage after commercial aviation ; and (4) in subsection (c), by inserting or cruise ship voyage after commercial aviation . (b) Clerical amendment The table of sections for chapter 303 of title 46, United States Code, is amended by striking the item relating to section 30307 and inserting the following: 30307. Limitations in certain cases. .