2012 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability (§§ 30101 - 31343)
Chapter 305 - EXONERATION AND LIMITATION OF LIABILITY (§§ 30501 - 30512)
Section 30509 - Provisions limiting liability for personal injury or death
Publication Title | United States Code, 2012 Edition, Title 46 - SHIPPING |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 46 - SHIPPING Subtitle III - Maritime Liability CHAPTER 305 - EXONERATION AND LIMITATION OF LIABILITY Sec. 30509 - Provisions limiting liability for personal injury or death |
Contains | section 30509 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1514. |
Statutes at Large References | 49 Stat. 1480 110 Stat. 3984 120 Stat. 1514 |
Public Law References | Public Law 104-324, Public Law 109-304 |
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(a)
(1)
(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 owner's employees or agents; or
(B) the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.
(2)
(b)
(1)
(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)
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1514.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30509 | 46 App.:183c. | R.S. §4283B, as added June 5, 1936, ch. 521, §2, 49 Stat. 1480; Oct. 19, 1996, Pub. L. 104–324, §1129(b), 110 Stat. 3984. |
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 owner's 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.
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