§ 30524. Limit of liability for personal injury or death

591 words·~3 min read·/usc/title-46/section-30524

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(a)Application.— This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels.

(b)Minimum Liability.— If the amount of the vessel owner’s liability determined under section 30523 of this title is insufficient to pay all losses in full, and the portion available to pay claims for personal injury or death is less than $420 times the tonnage of the vessel, that portion shall be increased to $420 times the tonnage of the vessel. That portion may be used only to pay claims for personal injury or death.

(c)Calculation of Tonnage.— Under subsection (b), the tonnage of a self-propelled vessel is the gross tonnage without deduction for engine room, and the tonnage of a sailing vessel is the tonnage for documentation. However, space for the use of seamen is excluded.

(d)Claims Arising on Distinct Occasions.— Separate limits of liability apply to claims for personal injury or death arising on distinct occasions.

(e)Privity or Knowledge.— In a claim for personal injury or death, the privity or knowledge of the master or the owner’s superintendent or managing agent, at or before the beginning of each voyage, is imputed to the owner.

(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513, § 30506; renumbered § 30524 and amended Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), (f)(3), Dec. 23, 2022, 136 Stat. 4130, 4131.)

Subsection

(a)is written as an application provision rather than as a definition to be more direct and to avoid having to repeat the word “seagoing” throughout the section. The words “fishing vessel, fish tender vessel” are substituted for “fishing vessels or their tenders” for clarity. The words “nondescript vessel” are substituted for “nondescript self-propelled vessels” and “nondescript non-self-propelled vessels” to eliminate unnecessary words. The words “self-propelled lighters” are omitted as covered by “lighter”. The words “even though the same may be seagoing vessels within the meaning of such term as used in section 188 of this Appendix, as amended” are omitted as unnecessary. This provision is restated also at section 30508(a) of the revised title.

In subsection (b), the words “is such that the portion available to pay claims for personal injury or death” are substituted for “is insufficient to pay all losses in full, and the portion of such amount applicable to the payment of losses in respect of loss of life or bodily injury” to eliminate unnecessary words.

In subsection (c), the words “self-propelled vessel” are substituted for “steam or motor vessel”, and the words “tonnage for documentation” are substituted for “registered tonnage”, for consistency in the revised title. The words “space for the use of seamen” are substituted for “space occupied by seamen or apprentices and appropriated to their use” to eliminate unnecessary words.

In subsection (d), the words “Separate limits of liability apply” are substituted for “The owner . . . shall be liable . . . to the same extent as if no other loss of life or bodily injury had arisen” to eliminate unnecessary words.

In subsection (e), the words “the privity or knowledge . . . is imputed to the owner” are substituted for “shall be deemed conclusively the privity or knowledge of the owner” for consistency and to eliminate unnecessary words.

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