46-U.S.C.-30505
§30505 – General Limit of Liability
Pathway
Title 46 > Subtitle III > Chapter 305 > Section 30505
Details
- Reference: Section 30505
- Legend: §30505 – General Limit of Liability
- USCode Year: 2013
Provision Content
(a) In General.—Except as provided in section 30506 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owners proportionate interest in the vessel and pending freight.
(b) Claims Subject to Limitation.—Unless otherwise excluded by law, claims, debts, and liabilities subject to limitation under subsection (a) are those arising from any embezzlement, loss, or destruction of any property, goods, or merchandise shipped or put on board the vessel, any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner.
(c) Wages.—Subsection (a) does not apply to a claim for wages.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1513.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30505 | 46 App.:183(a). | R.S. §4283(a); Aug. 29, 1935, ch. 804, §1, 49 Stat. 960; June 5, 1936, ch. 521, §1, 49 Stat. 1479. |
| 46 App.:189 | June 26, 1884, ch. 121, §18, 23 Stat. 57. |
In subsection (a), the words Except as provided in section 30506 of this title are substituted for except in the cases provided for in subsection (b) of this section because 46 App. U.S.C. 183(b) is restated in section 30506 of the revised title. The words whether American or foreign are omitted as unnecessary because of section 30502 of the revised title. The words shall not exceed the value of the vessel and pending freight are substituted for shall not . . . exceed the amount or value of . . . such vessel, and her freight then pending in 46 App. U.S.C. 183(a) and for the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending in 46 App. U.S.C. 189 for consistency and to eliminate unnecessary words. The last sentence is substituted for the interest of such owner in in 46 App. U.S.C. 183(a) and for The individual liability of a shipowner shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole in 46 App. U.S.C. 189 for clarity and consistency. The words Provided, That this provision shall not prevent any claimant from joining all the owners in one action in 46 App. U.S.C. 189 are omitted as unnecessary.
Subsection (c) is substituted for nor shall the same apply to wages due to persons employed by said shipowners in 46 App. U.S.C. 189 because of the reorganization of the source provisions.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-30301 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-30301, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
46-U.S.C.-30303 in the Legal Encyclopedia: Maritime Liability
In this entry about 46-U.S.C.-30303, find legal reference material, bibliographies and premiere content related to maritime liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States maritime liability-specific issues, written by authorities in the field.
46-U.S.C.-30306 in the Legal Encyclopedia: Liability
In this entry about 46-U.S.C.-30306, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.
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