28 U.S.C. § 1606 — Extent of liability
submitted 50 years ago by Pub. L. 94-583 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 132 words · no verdicts yet
A foreign state that is not immune under section 1605 or 1607 is liable like a private person in similar circumstances. It generally cannot owe punitive damages, but a death claim may receive actual or compensatory damages when local law otherwise provides only punitive damages.
As to any claim for relief about which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state must be liable in it manner and to it extent as a private individual under like circumstances; but a foreign state except for an agency* or instrumentality of it must not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign state must be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought.
As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances; but a foreign state except for an agency* or instrumentality thereof shall not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign state shall be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought.
Source credit: (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 105–277, div. A, § 101(h) [title I, § 117(b)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–491; Pub. L. 106–386, div. C, § 2002(g)(2), formerly § 2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, renumbered § 2002(g)(2), Pub. L. 107–297, title II, § 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.)
- 1976Enacted · Pub. L. 94-583 · 90 Stat. 2894
- 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
- 2000Amended · Pub. L. 106-386 · 114 Stat. 1543
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-583 on 1976-10-21.
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