Death on the High Seas

Death on the High Seas Act

46 U.S.C.A. § 30301
§ 30301. Short title
Effective: October 6, 2006
Currentness

This chapter may be cited as the “Death on the High Seas Act”.

Credits

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)

Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

46 U.S.C.A. § 30302
§ 30302. Cause of action
Effective: October 6, 2006
Currentness

When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative.

Credits

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)

Notes of Decisions (576)
Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

46 U.S.C.A. § 30303
§ 30303. Amount and apportionment of recovery
Effective: October 6, 2006
Currentness

The recovery in an action under this chapter shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought. The court shall apportion the recovery among those individuals in proportion to the loss each has sustained.

Credits

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)

Notes of Decisions (359)
Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

46 U.S.C.A. § 30304
§ 30304. Contributory negligence
Effective: October 6, 2006
Currentness

In an action under this chapter, contributory negligence of the decedent is not a bar to recovery. The court shall consider the degree of negligence of the decedent and reduce the recovery accordingly.

Credits

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)

Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

46 U.S.C.A. § 30305
§ 30305. Death of plaintiff in pending action
Effective: October 6, 2006
Currentness

If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default, the personal representative of the decedent may be substituted as the plaintiff and the action may proceed under this chapter for the recovery authorized by this chapter.

Credits

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)

Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

46 U.S.C.A. § 30306
§ 30306. Foreign cause of action
Effective: October 6, 2006
Currentness

When a cause of action exists under the law of a foreign country for death by wrongful act, neglect, or default on the high seas, a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action, without abatement of the amount for which recovery is authorized.

Credits

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)

Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11