2017 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability
Chapter 307 - Liability of Water Carriers
Sec. 30706 - Defenses

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Citation 46 U.S.C. § 30706 (2017)
Section Name §30706. Defenses
Section Text

(a) Due Diligence.—If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.

(b) Other Defenses.—A carrier and the vessel are not liable for loss or damage arising from—

(1) dangers of the sea or other navigable waters;

(2) acts of God;

(3) public enemies;

(4) seizure under legal process;

(5) inherent defect, quality, or vice of the goods;

(6) insufficiency of package;

(7) act or omission of the shipper or owner of the goods or their agent; or

(8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.

Source Credit

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1517.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
30706 46 App.:192. Feb. 13, 1893, ch. 105, §3, 27 Stat. 445.

This section is restated as two subsections to clarify that the exercise of due diligence in making the vessel seaworthy is a condition only to the defense of error in navigation or management restated in subsection (a). See May v. Hamburg-Amerikanische Packetfahrt Aktiengesellschaft (The Isis), 290 U.S. 333, 353 (1933). The words "transporting merchandise or property to or from any port in the United States of America" are omitted because of section 30702(a) of the revised title.

Publication Title United States Code, 2012 Edition, Supplement 5, 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 307 - LIABILITY OF WATER CARRIERS
Sec. 30706 - Defenses
Contains section 30706
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 27 Stat. 445
120 Stat. 1517
Public Law References Public Law 109-304
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