46 U.S.C. § 30706 — Defenses
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 139 words · no verdicts yet
If a carrier used due diligence to make its vessel seaworthy, it isn't liable for navigation errors. It's also not liable for sea dangers, acts of God, packaging defects, or the shipper's own actions. It's excused too for detours made to save life or property at sea.
If a carrier* has exercised due diligence to make the vessel* in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.
A carrier and the vessel are not liable for loss or damage arising from—
dangers of the sea or other navigable waters;
acts of God;
public enemies;
seizure under legal process;
inherent defect, quality, or vice of the goods;
insufficiency of package;
act or omission of the shipper or owner of the goods or their agent; or
saving or attempting to save life or property at sea, including a deviation in rendering such a service.
Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1517
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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