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46 U.S.C. § 30526Provisions requiring notice of claim or limiting time for bringing action

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 361 words · no verdicts yet

in plain englishAI-generated · not legal advice

For most passenger and cargo vessels, owners cannot shorten how long passengers have to file injury or death claims. Seagoing vessels need at least six months' notice and one year to sue. Missing a deadline can still be excused in certain situations.

(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 Time Limits. The owner, master, manager, or agent of a vessel carrying passengers or property between U.S. ports, or between a U.S. port and a foreign port, cannot shorten, by regulation, contract, or otherwise, the time allowed for (1) giving notice of, or filing, a personal injury or death claim to less than six months after the injury or death — or, for covered small passenger vessels, less than two years — or (2) bringing a civil lawsuit for personal injury or death to less than one year after the injury or death — or, for covered small passenger vessels, less than two years. (c) Effect of Failure To Give Notice. When a contract requires notice of a claim, failing to give that notice does not bar recovery if (1) the court finds the vessel's owner, master, or agent already knew about the injury or death and was not prejudiced by the missing notice; (2) the court finds there was a good reason the notice could not be given; or (3) the vessel's owner does not object to the missing notice. (d) Tolling of Period To Give Notice. If the claimant is a minor or mentally incompetent, or the claim is for wrongful death, any contract deadline for giving notice is paused until the earlier of (1) the date a legal representative is appointed for the minor, the incompetent person, or the decedent's estate, or (2) three years after the injury or death.
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 Time Limits.—

The owner, master, manager, or agent of a vessel transporting passengers or property between ports in the United States, or between a port in the United States and a port in a foreign country, may not limit by regulation, contract, or otherwise the period for—

(1)

giving notice of, or filing a claim for, personal injury or death, in the case of seagoing vessels, to less than 6 months after the date of the injury or death, or in the case of covered small passenger vessels, to less than two years after the date of the injury or death; or

(2)

bringing a civil action for personal injury or death, in the case of seagoing vessels, to less than one year after the date of the injury or death, or in the case of covered small passenger vessels, to less than two years after the date of the injury or death.

(c)Effect of Failure To Give Notice.—

When notice of a claim for personal injury or death is required by a contract, the failure to give the notice is not a bar to recovery if—

(1)

the court finds that the owner, master, or agent of the vessel had knowledge of the injury or death and the owner has not been prejudiced by the failure;

(2)

the court finds there was a satisfactory reason why the notice could not have been given; or

(3)

the owner of the vessel fails to object to the failure to give the notice.

(d)Tolling of Period To Give Notice.—

If a claimant is a minor or mental incompetent, or if a claim is for wrongful death, any period provided by a contract for giving notice of the claim is tolled until the earlier of—

(1)

the date a legal representative is appointed for the minor, incompetent, or decedent’s estate; or

(2)

3 years after the injury or death.

Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1514, § 30508; renumbered § 30526 and amended Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), (d), Dec. 23, 2022, 136 Stat. 4130, 4131.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1514
  • 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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