2014 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle III - Maritime Liability (Sections 30101 - 31343)
Chapter 301 - General Liability Provisions (Sections 30101 - 30106)
Sec. 30102 - Liability to passengers
| Publication Title | United States Code, 2012 Edition, Supplement 2, 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 301 - GENERAL LIABILITY PROVISIONS Sec. 30102 - Liability to passengers |
| Contains | section 30102 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1509. |
| Statutes at Large Reference | 120 Stat. 1509 |
| Public and Private Law | Public Law 109-304 |
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(a) Liability.—The owner and master of a vessel, and the vessel, are liable for personal injury to a passenger or damage to a passenger's baggage 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 limitation under chapter 305 of this title.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1509.)
| 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 "Whenever damage is sustained by any passenger or his baggage" 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 substituted 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).
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