Title 46ShippingRelease 119-73

§30102 Liability to passengers

Title 46 › Subtitle Subtitle III— - Maritime Liability › Chapter CHAPTER 301— - GENERAL LIABILITY PROVISIONS › § 30102

Last updated Apr 6, 2026|Official source

Summary

The ship, its owner, and its captain must pay if a passenger is hurt or a passenger’s baggage is damaged because the ship did not follow part B or F of subtitle II, or because of a known defect in the ship’s steam equipment or in the hull (the ship’s body). That liability cannot be limited under chapter 305.

Full Legal Text

Title 46, §30102

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(a)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)A liability imposed under this section is not subject to limitation under chapter 305 of this title.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3010246 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).

Reference

Citations & Metadata

Citation

46 U.S.C. § 30102

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73