§30527 — Title 46 Shipping | U.S. Code

Summary

Owners, masters, managers, or agents of passenger vessels that sail between U.S. ports or between a U.S. port and a foreign port may not put rules or ticket terms that try to limit their responsibility for a passenger’s injury or death when that injury or death is caused by their negligence, nor may they take away a passenger’s right to a trial in court. Any rule or ticket term that does that is void and cannot be enforced. Those vessel people may include terms that try to avoid liability for emotional distress, mental suffering, or psychological injury only if the term does not apply when the emotional harm comes from a physical injury caused by their negligence; from being put in real risk of physical injury caused by their negligence; or when a crew member or owner/manager intentionally caused the harm. Such terms also do not protect anyone in cases of sexual harassment, sexual assault, or rape.

Title 46, §30527

Shipping — Source: USLM XML via OLRC

(a)(1)The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting—

(A)the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or

(B)the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.

(2)A provision described in paragraph (1) is void.

(b)(1)Subsection (a) does not prohibit a provision in a contract or in ticket conditions of carriage with a passenger that relieves an owner, master, manager, agent, operator, or crewmember of a vessel from liability for infliction of emotional distress, mental suffering, or psychological injury so long as the provision does not limit such liability when the emotional distress, mental suffering, or psychological injury is—

(A)the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator;

(B)the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or

(C)intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator.

(2)This subsection does not limit the liability of a crewmember or the owner, master, manager, agent, or operator of a vessel in a case involving sexual harassment, sexual assault, or rape.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3050946 App.:183c.R.S. § 4283B, as added June 5, 1936, ch. 521, § 2, 49 Stat. 1480; Oct. 19, 1996, Pub. L. 104–324, § 1129(b), 110 Stat. 3984. In subsection (a)(1), before subparagraph (A), the words “may not” are substituted for “It shall be unlawful” for consistency in the revised title and with other titles of the United States Code. The words “rule” and “agreement” are omitted as covered by “regulation” and “contract”, respectively. The words “a provision limiting” are substituted for “any provision or limitation (1) purporting . . . to relieve . . . , or (2) purporting . . . to lessen, weaken, or avoid” to eliminate unnecessary words. In subparagraph (A), the words “the owner’s employees or agents” are substituted for “his servants” for consistency in the revised title. In subparagraph (B), the words “on the question of liability for such loss or injury, or the measure of damages therefor” are omitted as unnecessary. Subsection (b)(2) is substituted for 46 App. U.S.C. 183c (last sentence) for consistency and to eliminate unnecessary words.

Editorial Notes

Amendments

2022—Pub. L. 117–263 renumbered section 30509 of this title as this section.

§30527 Provisions Limiting Liability for Personal Injury or Death