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§30528 Vicarious Liability for Medical Malpractice with Regard to Crew

Title 46 › Subtitle Subtitle III— Maritime Liability › Chapter 305— EXONERATION AND LIMITATION OF LIABILITY › Subchapter II— EXONERATION AND LIMITATION OF LIABILITY › § 30528

Last updated Apr 5, 2026|Official source

Summary

Ship owners, operators, or employers who are sued because a crewmember got medical care at a shore facility can use the same state laws that limit how much a doctor, hospital, or other health care provider must pay. This only applies to the part of the damages that come from the shore provider’s conduct in the state where the care was given.

Full Legal Text

Title 46, §30528

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In a civil action by any person in which the owner or operator of a vessel or employer of a crewmember is claimed to have vicarious liability for medical malpractice with regard to a crewmember occurring at a shoreside facility, and to the extent the damages resulted from the conduct of any shoreside doctor, hospital, medical facility, or other health care provider, the owner, operator, or employer is entitled to rely on any statutory limitations of liability applicable to the doctor, hospital, medical facility, or other health care provider in the State of the United States in which the shoreside medical care was provided.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3051046 App.:183(g).R.S. § 4283(g); Pub. L. 104–324, § 1129(a), Oct. 19, 1996, 110 Stat. 3984. The words “civil action” are substituted for “suit” for consistency in the revised title. The words “is entitled to rely on any statutory” are substituted for “shall be entitled to rely upon any and all statutory” to eliminate unnecessary words.

Editorial Notes

Amendments

2022—Pub. L. 117–263 renumbered section 30510 of this title as this section.

Reference

Citations & Metadata

Citation

46 U.S.C. § 30528

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60