46 U.S.C. § 30101 — Extension of jurisdiction to cases of damage or injury on land
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 181 words · no verdicts yet
This section extends U.S. admiralty and maritime jurisdiction to vessel injuries or damage completed on land. It sets the procedure and the waiting rule for cases against the United States.
(a) In general. — U.S. admiralty and maritime jurisdiction includes cases involving injury or damage to a person or property caused by a vessel* on navigable waters, even when the injury or damage happens or is completed on land. (b) Procedure. — A civil case under subsection (a) may be brought against the vessel itself or against a person, under the legal principles and practice rules used when the injury or damage happened and was completed on navigable waters. (c) Actions against United States. — (1) Exclusive remedy. — In a civil case against the United States for injury or damage caused or completed on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, is the only remedy. (2) Administrative claim. — Such a case cannot be brought until 6 months after the claim was submitted in writing to the agency* that owns or operates the vessel.
The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel* on navigable waters, even though the injury or damage is done or consummated on land.
A civil action in a case under subsection (a) may be brought in rem or in personam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and consummated on navigable waters.
In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy.
A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency* owning or operating the vessel causing the injury or damage.
Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1509.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1509
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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