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46 U.S.C. § 30524Limit of liability for personal injury or death

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 221 words · no verdicts yet

in plain englishAI-generated · not legal advice

For seagoing vessels — but not smaller craft like tugs or fishing boats — there is a minimum amount set aside for injury or death claims. If the normal liability cap leaves too little for these claims, the minimum is $420 per ton of the vessel. Separate limits apply to claims from separate incidents.

(a) Application. This section applies only to seagoing vessels. It does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or other unclassified vessels. (b) Minimum Liability. If the vessel owner's liability under section 30523 of this title is not enough to pay all losses in full, and the portion set aside for personal injury or death claims comes to less than $420 times the vessel's tonnage, that portion must be raised to $420 times the vessel's tonnage. That increased portion can only be used to pay personal injury or death claims. (c) Calculation of Tonnage. For this $420-per-ton calculation, a self-propelled vessel's tonnage is its gross tonnage, without subtracting engine room space, and a sailing vessel's tonnage is its tonnage for documentation. Either way, space used for seamen is excluded from the count. (d) Claims Arising on Distinct Occasions. Personal injury or death claims from separate incidents each get their own, separate limit of liability. (e) Privity or Knowledge. For a personal injury or death claim, the owner is treated as having whatever privity or knowledge the master, or the owner's superintendent or managing agent, had at or before the start of each voyage.
the actual law source: uscode.house.gov ↗public domain
(a)Application.—

This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels.

(b)Minimum Liability.—

If the amount of the vessel owner’s liability determined under section 30523 of this title is insufficient to pay all losses in full, and the portion available to pay claims for personal injury or death is less than $420 times the tonnage of the vessel, that portion shall be increased to $420 times the tonnage of the vessel. That portion may be used only to pay claims for personal injury or death.

(c)Calculation of Tonnage.—

Under subsection (b), the tonnage of a self-propelled vessel is the gross tonnage without deduction for engine room, and the tonnage of a sailing vessel is the tonnage for documentation. However, space for the use of seamen is excluded.

(d)Claims Arising on Distinct Occasions.—

Separate limits of liability apply to claims for personal injury or death arising on distinct occasions.

(e)Privity or Knowledge.—

In a claim for personal injury or death, the privity or knowledge of the master or the owner’s superintendent or managing agent, at or before the beginning of each voyage, is imputed to the owner.

Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513, § 30506; renumbered § 30524 and amended Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), (f)(3), Dec. 23, 2022, 136 Stat. 4130, 4131.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1513
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 4130, 4131

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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