§30101 — Title 46 Shipping | U.S. Code

Summary

Admiralty and maritime courts can hear cases when a vessel causes injury or property damage on navigable waters, even if the harm happens on land. You may sue the vessel itself (called in rem) or a person or company (called in personam), and the same rules and court practices apply as when the harm occurs on the water. If the United States is being sued, the only remedy is under chapter 309 or 311. You cannot file that suit until a 6-month period has passed after you present a written claim to the agency that owns or operates the vessel.

Title 46, §30101

Shipping — Source: USLM XML via OLRC

(a)The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land.

(b)A civil action in a case under subsection (a) may be brought in rem or in personam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and consummated on navigable waters.

(c)(1)In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy.

(2)A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3010146 App.:740.June 19, 1948, ch. 526, 62 Stat. 496. In subsections (b) and (c), the words “civil action” are substituted for “suit” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (c)(1), the words “for all causes of action arising after June 19, 1948, and for all causes of action where suit has not been hitherto filed under the Federal Tort Claims Act” are omitted as obsolete.

Editorial Notes

Prior Provisions

A prior section 30101, Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4738, provided definitions for purposes of this subtitle, prior to repeal by Pub. L. 109–304, § 6(b), Oct. 6, 2006, 120 Stat. 1509.

Short Title

This section is popularly known as the Admiralty Extension Act.

§30101 Extension of jurisdiction to cases of damage or injury on land