Title 22, Foreign Relations and IntercourseRelease 119-110

§3773 Measure of Damages Generally

Title 22 › CHAPTER 51 — PANAMA CANAL › SUBCHAPTER I — ADMINISTRATION AND REGULATIONS › Part 4 — Claims for Injuries to Persons or Property › subpart ii — vessel damage › § 3773

Last updated Sep 22, 2026|Official source

Summary

If the Commission is found responsible for damage to a vessel, the money paid can cover the real costs of fixing the ship; lost charter hire or charter hire actually paid while the ship is being repaired; extra maintenance and crew wages that are true additional costs outside any charter; and other expenses clearly shown to be necessary because of the accident. Agent fees, commissions, and any vague, speculative, or uncertain charges cannot be paid. The Commission must be given vouchers, receipts, or other proof for each claimed item. If the owner runs the vessel (no charter), market charter rates should be shown if available; if those cannot be found, use the vessel’s value to the owner based on its business and the owner’s books of earnings, or other available evidence.

Full Legal Text

Title 22, §3773

Foreign Relations and Intercourse, Source: USLM XML via OLRC

In determining the amount of the award of damages for injuries to a vessel for which the Commission is determined to be liable, there may be included—

(1)the actual or estimated cost of repairs;

(2)charter hire actually lost by the owners, or charter hire actually paid, depending upon the terms of the charter party, for the time the vessel is undergoing repairs;

(3)maintenance of the vessel and wages of the crew, if they are found to be actual additional expenses or losses incurred outside of the charter hire; and

(4)other expenses which are definitely and accurately shown to have been incurred necessarily and by reason of the accident or injuries.

Agent’s fees, or commissions, or other incidental expenses of similar character, or any items which are indefinite, indeterminable, speculative, or conjectural may not be allowed. The Commission shall be furnished such vouchers, receipts, or other evidence as may be necessary in support of any item of a claim. If a vessel is not operated under charter but by the owner directly, evidence shall be secured if available as to the sum for which vessels of the same size and class can be chartered in the market. If the charter value cannot be determined, the value of the vessel to its owners in the business in which it was engaged at the time of the injuries shall be used as a basis for estimating the damages for the vessel’s detention; and the books of the owners showing the vessel’s earnings about the time of the accident or injuries shall be considered as evidence of probable earnings during the time of detention. If the books are unavailable, such other evidence shall be furnished as may be necessary.

Reference

Citations & Metadata

Citation

22 U.S.C. § 3773

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110