46-U.S.C.-30509

§30509 – Provisions Limiting Liability For Personal Injury Or Death

Pathway

Title 46 > Subtitle III > Chapter 305 > Section 30509

Details

• Reference: Section 30509
• Legend: §30509 – Provisions Limiting Liability For Personal Injury Or Death
• USCode Year: 2013

Provision Content

(a) Prohibition.—

(1) In general.—The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting—

(A) the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owners employees or agents; or

(B) the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.

(2) Voidness.—A provision described in paragraph (1) is void.

(b) Emotional Distress, Mental Suffering, and Psychological Injury.—

(1) In general.—Subsection (a) does not prohibit a provision in a contract or in ticket conditions of carriage with a passenger that relieves an owner, master, manager, agent, operator, or crewmember of a vessel from liability for infliction of emotional distress, mental suffering, or psychological injury so long as the provision does not limit such liability when the emotional distress, mental suffering, or psychological injury is—

(A) the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator;

(B) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or

(C) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator.

(2) Sexual offenses.—This subsection does not limit the liability of a crewmember or the owner, master, manager, agent, or operator of a vessel in a case involving sexual harassment, sexual assault, or rape.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1514.)

In subsection (a)(1), before subparagraph (A), the words may not are substituted for It shall be unlawful for consistency in the revised title and with other titles of the United States Code. The words rule and agreement are omitted as covered by regulation and contract, respectively. The words a provision limiting are substituted for any provision or limitation (1) purporting . . . to relieve . . . , or (2) purporting . . . to lessen, weaken, or avoid to eliminate unnecessary words. In subparagraph (A), the words the owners employees or agents are substituted for his servants for consistency in the revised title. In subparagraph (B), the words on the question of liability for such loss or injury, or the measure of damages therefor are omitted as unnecessary.

Subsection (b)(2) is substituted for 46 App. U.S.C. 183c (last sentence) for consistency and to eliminate unnecessary words.

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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