2012 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability (§§ 30101 - 31343)
Chapter 305 - EXONERATION AND LIMITATION OF LIABILITY (§§ 30501 - 30512)
Section 30508 - Provisions requiring notice of claim or limiting time for bringing action
|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. 30508 - Provisions requiring notice of claim or limiting time for bringing action
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1514.|
|Statutes at Large References||49 Stat. 960, 1480 |
120 Stat. 1514
|Public Law Reference||Public Law 109-304|
(1) giving notice of, or filing a claim for, personal injury or death to less than 6 months after the date of the injury or death; or
(2) bringing a civil action for personal injury or death to less than one year after the date of the injury or death.
(1) the court finds that the owner, master, or agent of the vessel had knowledge of the injury or death and the owner has not been prejudiced by the failure;
(2) the court finds there was a satisfactory reason why the notice could not have been given; or
(3) the owner of the vessel fails to object to the failure to give the notice.
(1) the date a legal representative is appointed for the minor, incompetent, or decedent's estate; or
(2) 3 years after the injury or death.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1514.)
|Source (U.S. Code)||Source (Statutes at Large)|
|30508(a)||46 App.:183(f) (related to 46 App.:183b).||R.S. §4283(f) (related to R.S. §4283A); Aug. 29, 1935, ch. 804, §1, 49 Stat. 960; June 5, 1936, ch. 521, §1, 49 Stat. 1480.|
|30508(b)||46 App.:183b(a).||R.S. §4283A, as added Aug. 29, 1935, ch. 804, §3, 49 Stat. 960.|
For an explanation of subsection (a), see the revision notes for section 30506(a), where 46 App. U.S.C. 183(f) is also restated.
In subsection (b), before paragraph (1), the words “sea-going vessel (other than tugs, barges, fishing vessels and their tenders)” are omitted because of subsection (a) of this section. The word “merchandise” is omitted as covered by “property”. The words “between ports in the United States, or between a port in the United States and a port in a foreign country” are substituted for “from or between ports of the United States and foreign ports” for clarity and for consistency with section 30509(a)(1) of the revised title. See Burstein v. United States Lines Co., 43 F. Supp. 226 (S.D.N.Y. 1942), rev'd on other grounds, 134 F.2d 89 (2d Cir. 1943). The word “rule” is omitted as covered by “regulation”. In paragraph (1), the words “after the date of the injury or death” are added for clarity and consistency with paragraph (2).
In subsection (c), before paragraph (1), the words “When notice of a claim for personal injury or death is required by a contract, the failure to give the notice” are substituted for “Failure to give such notice, where lawfully prescribed in such contract” for clarity. In paragraph (1), the words “the court finds” are stated at the beginning rather than the middle to be more precise. The word “damage” is omitted as unnecessary. In paragraph (2), the words “the court finds there was a satisfactory reason” are substituted for “the court excuses such failure on the ground that for some satisfactory reason” to eliminate unnecessary words.
In subsection (d), before paragraph (1), the word “claimant” is substituted for “person who is entitled to recover on any such claim” to eliminate unnecessary words. The word “lawful” is omitted as unnecessary. The words “is tolled until” are substituted for “shall not be applicable so long as” and “but shall be applicable from” for clarity and to eliminate unnecessary words.
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