46 U.S.C. § 30104 — Personal injury to or death of seamen

Page 254 TITLE 46—SHIPPING § 30102 In subsection (c)(1), the words ‘‘for all causes of ac- tion arising after June 19, 1948, and for all causes of ac- tion where suit has not been hitherto filed under the Federal Tort Claims Act’’ are omitted as obsolete. Editorial Notes PRIOR PROVISIONS A prior section 30101, Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4738, provided definitions for pur- poses of this subtitle, prior to repeal by Pub. L. 109–304, § 6(b), Oct. 6, 2006, 120 Stat. 1509. SHORT TITLE This section is popularly known as the Admiralty Ex- tension Act. § 30102. Liability to passengers (a) LIABILITY.—The owner and master of a ves- sel, and the vessel, are liable for personal injury to a passenger or damage to a passenger’s bag- gage caused by— (1) a neglect or failure to comply with part B or F of subtitle II of this title; or (2) a known defect in the steaming apparatus or hull of the vessel. (b) NOT SUBJECT TO LIMITATION.—A liability imposed under this section is not subject to lim- itation under chapter 305 of this title. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1509.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30102 .......... 46 App.:491 (words before semicolon). R.S. § 4493 (words before semicolon). In subsection (a), before paragraph (1), the words ‘‘or either of them’’ are omitted as unnecessary. The words ‘‘are liable for personal injury to a passenger or damage to a passenger’s baggage’’ are substituted for ‘‘When- ever damage is sustained by any passenger or his bag- gage’’ and ‘‘shall be liable to each and every person so injured’’ for clarity and to eliminate unnecessary words. The words ‘‘from explosion, fire, collision, or other cause’’ are omitted as unnecessary. The words ‘‘caused by’’ are substituted for ‘‘if it happens through’’ to eliminate unnecessary words. In paragraph (1), the words ‘‘part B or F of subtitle II of this title’’ are sub- stituted for ‘‘title 52 of the Revised Statutes’’ because of the prior codification of subtitle II of title 46. In paragraph (2), the word ‘‘imperfections’’ is omitted as included in ‘‘defect’’. Subsection (b) is substituted for ‘‘to the full amount of damage’’ for clarity. See Hines v. Butler, 278 F. 877, 880, 881 (4th Cir. 1921), cert. denied, 257 U.S. 659 (1922); The Annie Faxon, 75 F. 312, 317–319 (9th Cir. 1896). § 30103. Liability of master, mate, engineer, and pilot A person may bring a civil action against a master, mate, engineer, or pilot of a vessel, and recover damages, for personal injury or loss caused by the master’s, mate’s, engineer’s, or pi- lot’s— (1) negligence or willful misconduct; or (2) neglect or refusal to obey the laws gov- erning the navigation of vessels. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30103 .......... 46 App.:491 (words after semicolon). R.S. § 4493 (words after semi- colon). Before paragraph (1), the words ‘‘bring a civil action’’ are substituted for ‘‘sue’’ for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In paragraph (1), the word ‘‘carelessness’’ is omitted as in- cluded in ‘‘negligence’’. § 30104. Personal injury to or death of seamen (a) IN GENERAL.—A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. (b) LIMITATION ON RECOVERY BY AQUACULTURE WORKERS.— (1) IN GENERAL.—For purposes of subsection (a), the term ‘‘seaman’’ does not include an in- dividual who— (A) is an aquaculture worker if State workers’ compensation is available to such individual; and (B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access. (2) AQUACULTURE WORKER DEFINED.—In this subsection, the term ‘‘aquaculture worker’’ means an individual who— (A) is employed by a commercial enter- prise that is involved in the controlled cul- tivation and harvest of aquatic plants and animals, including— (i) the cleaning, processing, or canning of fish and fish products; (ii) the cultivation and harvesting of shellfish; and (iii) the controlled growing and har- vesting of other aquatic species; (B) does not hold a license issued under section 7101(c); and (C) is not required to hold a merchant mariner credential under part F of subtitle II. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510; Pub. L. 110–181, div. C, title XXXV, § 3521(a), Jan. 28, 2008, 122 Stat. 596; Pub. L. 117–263, div. K, title CXV, § 11520(a), Dec. 23, 2022, 136 Stat. 4142.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30104(a) ...... 46 App.:688(a) (1st sentence). Mar. 4, 1915, ch. 153, § 20(a), 38 Stat. 1185; June 5, 1920, ch. 250, § 33, 41 Stat. 1007; Pub. L. 97–389, title V, § 503(a)(1), Dec. 29, 1982, 96 Stat. 1955. 30104(b) ...... 46 App.:688(a) (last sentence). In subsection (a), the words ‘‘A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman’’ are substituted for ‘‘Any seaman who shall suffer personal injury in the course of his employment’’ and ‘‘in case Page 255 TITLE 46—SHIPPING § 30106 of the death of any seaman as a result of any such per- sonal injury the personal representative’’ to eliminate unnecessary words. The words ‘‘bring a civil action’’ are substituted for ‘‘maintain an action’’ for consist- ency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words ‘‘for damages’’ are omitted as unnecessary. The words ‘‘against the employer’’ are added for clarity. The words ‘‘Laws of the United States regulating recovery for personal injury to, or death of, a railway employee’’ are substituted for ‘‘all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees’’ and ‘‘all statutes of the United States conferring or regulating the right of ac- tion for death in the case of railway employees’’ to eliminate unnecessary words. In subsection (b), the words ‘‘An action under this section shall be brought’’ are substituted for ‘‘Jurisdic- tion in such actions shall be under’’ because 46 App. U.S.C. 688(a) (last sentence) provides for venue, not ju- risdiction. Panama R.R. Co. v. Johnson, 264 U.S. 375 (1924). As to the relationship between 46 App. U.S.C. 688(a) (last sentence) and 28 U.S.C. 1391(c), see Pure Oil Co. v. Suarez, 384 U.S. 202 (1966). Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2008—Pub. L. 110–181 struck out subsec. (a) designa- tion and heading before ‘‘A seaman injured’’ and struck out heading and text of subsec. (b). Text read as fol- lows: ‘‘An action under this section shall be brought in the judicial district in which the employer resides or the employer’s principal office is located.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. K, title CXV, § 11520(b), Dec. 23, 2022, 136 Stat. 4143, provided that: ‘‘The amendments made by this section [amending this section] shall apply to an injury incurred on or after the date of en- actment of this Act [Dec. 23, 2022].’’ EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. C, title XXXV, § 3521(b), Jan. 28, 2008, 122 Stat. 596, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of Public Law 109–304.’’ § 30105. Restriction on recovery by non-citizens and non-resident aliens for incidents in wa- ters of other countries (a) DEFINITION.—In this section, the term ‘‘continental shelf’’ has the meaning given that term in article I of the 1958 Convention on the Continental Shelf. (b) RESTRICTION.—Except as provided in sub- section (c), a civil action for maintenance and cure or for damages for personal injury or death may not be brought under a maritime law of the United States if— (1) the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action; (2) the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and (3) the individual suffering the injury or death was employed at the time of the inci- dent by a person engaged in the exploration, development, or production of offshore min- eral or energy resources, including drilling, mapping, surveying, diving, pipelaying, main- taining, repairing, constructing, or trans- porting supplies, equipment, or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces. (c) NONAPPLICATION.—Subsection (b) does not apply if the individual bringing the action estab- lishes that a remedy is not available under the laws of— (1) the country asserting jurisdiction over the area in which the incident occurred; or (2) the country in which the individual suf- fering the injury or death maintained citizen- ship or residency at the time of the incident. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30105(a) ...... 46 App.:688(b)(1) (last sentence). Mar. 4, 1915, ch. 153, § 20(b), as added Pub. L. 97–389, title V, § 503(a)(2), Dec. 29, 1982, 96 Stat. 1955. 30105(b) ...... 46 App.:688(b)(1) (less last sen- tence). 30105(c) ...... 46 App.:688(b)(2). In subsection (b), before paragraph (1), the words ‘‘civil action’’ are substituted for ‘‘action’’ for consist- ency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words ‘‘under subsection (a) of this section or under any other’’ are omitted as unnec- essary. In paragraph (2), the words ‘‘its territories, or possessions’’ are omitted as unnecessary because of the definition of ‘‘United States’’ in chapter 1 of the revised title. In paragraph (3), the word ‘‘person’’ is substituted for ‘‘enterprise’’ for consistency in the revised title. Editorial Notes REFERENCES IN TEXT The 1958 Convention on the Continental Shelf, re- ferred to in subsec. (a), was done at Geneva, April 29, 1958, and entered into force for the United States, June 10, 1964. See 15 UST 471; TIAS 5578. § 30106. Time limit on bringing maritime action for personal injury or death Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30106 .......... 46 App.:763a. Pub. L. 96–382, § 1, Oct. 6, 1980, 94 Stat. 1525. The words ‘‘civil action’’ are substituted for ‘‘suit’’ for consistency with rule 2 of the Federal Rules or Civil Procedure (28 App. U.S.C.). The words ‘‘or both’’ are omitted as unnecessary. The words ‘‘must be brought’’ are substituted for ‘‘shall not be maintained unless commenced’’ for clarity and consistency. The word ‘‘arose’’ is substituted for ‘‘accrued’’ for consistency in the revised title.