CHAPTER 21—DEATH ON HIGH SEAS BY WRONGFUL ACT

        

§761. Right of action; where and by whom brought

(a) Subject to subsection (b) of this section, whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, the personal representative of the decedent may maintain a suit for damages in the district courts of the United States, in admiralty, for the exclusive benefit of the decedent's wife, husband, parent, child, or dependent relative against the vessel, person, or corporation which would have been liable if death had not ensued.

(b) In the case of a commercial aviation accident, whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas 12 nautical miles or closer to the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, this chapter shall not apply and the rules applicable under Federal, State, and other appropriate law shall apply.

(Mar. 30, 1920, ch. 111, §1, 41 Stat. 537; Pub. L. 106–181, title IV, §404(a), Apr. 5, 2000, 114 Stat. 131.)

Amendments

2000—Pub. L. 106–181 designated existing text as subsec. (a), inserted "Subject to subsection (b) of this section," before "whenever", and added subsec. (b).

Effective Date of 2000 Amendment

Pub. L. 106–181, title IV, §404(c), Apr. 5, 2000, 114 Stat. 131, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 762 of this Appendix] shall apply to any death occurring after July 16, 1996."

Short Title

Act Mar. 30, 1920, ch. 111, which enacted this chapter, is popularly know as the "Death on the High Seas Act".

Section Referred to in Other Sections

This section is referred to in section 765 of this Appendix.

§762. Amount and apportionment of recovery

(a) The recovery in such suit shall be a fair and just compensation for the pecuniary loss sustained by the persons for whose benefit the suit is brought and shall be apportioned among them by the court in proportion to the loss they may severally have suffered by reason of the death of the person by whose representative the suit is brought.

(b)(1) If the death resulted from a commercial aviation accident occurring on the high seas beyond 12 nautical miles from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, additional compensation for nonpecuniary damages for wrongful death of a decedent is recoverable. Punitive damages are not recoverable.

(2) In this subsection, the term "nonpecuniary damages" means damages for loss of care, comfort, and companionship.

(Mar. 30, 1920, ch. 111, §2, 41 Stat. 537; Pub. L. 106–181, title IV, §404(b), Apr. 5, 2000, 114 Stat. 131.)

Amendments

2000—Pub. L. 106–181 designated existing provisions as subsec. (a) and added subsec. (b).

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable to any death occurring after July 16, 1996, see section 404(c) of Pub. L. 106–181, set out as a note under section 761 of this Appendix.

Section Referred to in Other Sections

This section is referred to in section 765 of this Appendix.

§763a. Limitations

Unless otherwise specified by law, a suit for recovery of damages for personal injury or death, or both, arising out of a maritime tort, shall not be maintained unless commenced within three years from the date the cause of action accrued.

(Pub. L. 96–382, §1, Oct. 6, 1980, 94 Stat. 1525.)

Codification

Section was not enacted as part of act Mar. 30, 1920, known as the Death on the High Seas Act, which comprises this chapter.

§764. Rights of action given by laws of foreign countries

Whenever a right of action is granted by the law of any foreign State on account of death by wrongful act, neglect, or default occurring upon the high seas, such right may be maintained in an appropriate action in admiralty in the courts of the United States without abatement in respect to the amount for which recovery is authorized, any statute of the United States to the contrary notwithstanding.

(Mar. 30, 1920, ch. 111, §4, 41 Stat. 537.)

§765. Death of plaintiff pending action

If a person die ¹ as the result of such wrongful act, neglect, or default as is mentioned in section 761 of this Appendix during the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such act, neglect, or default, the personal representative of the decedent may be substituted as a party and the suit may proceed as a suit under this chapter for the recovery of the compensation provided in section 762 of this Appendix.

(Mar. 30, 1920, ch. 111, §5, 41 Stat. 537.)

¹ So in original. Probably should be "dies".

§766. Contributory negligence

In suits under this chapter the fact that the decedent has been guilty of contributory negligence shall not bar recovery, but the court shall take into consideration the degree of negligence attributable to the decedent and reduce the recovery accordingly.

(Mar. 30, 1920, ch. 111, §6, 41 Stat. 537.)

§767. Exceptions from operation of chapter

The provisions of any State statute giving or regulating rights of action or remedies for death shall not be affected by this chapter. Nor shall this chapter apply to the Great Lakes or to any waters within the territorial limits of any State, or to any navigable waters in the Panama Canal Zone.

(Mar. 30, 1920, ch. 111, §7, 41 Stat. 538.)

References in Text

For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

§768. Omitted

Codification

Section, act Mar. 30, 1920, ch. 111, §8, 41 Stat. 538, provided that this chapter should not affect suits pending on Mar. 30, 1920.