Title 46 — ShippingRelease 119-73
§30706 Defenses
Title 46 › Subtitle Subtitle III— - Maritime Liability › Chapter CHAPTER 307— - LIABILITY OF WATER CARRIERS › § 30706
Summary
A carrier and ship are not responsible if the carrier used reasonable care to make the ship seaworthy and to crew, equip, and supply it. They also aren't responsible for 8 causes, including sea hazards, acts of God, legal seizure, and cargo defects.
Full Legal Text
Title 46, §30706
Shipping — Source: USLM XML via OLRC
(a)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)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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 3070646 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.
Reference
Citations & Metadata
Citation
46 U.S.C. § 30706
Title 46 — Shipping
Last Updated
Apr 6, 2026
Release point: 119-73