Title 46, ShippingRelease 119-102
§30528 Vicarious Liability for Medical Malpractice with Regard to Crew
Title 46 › Subtitle III — Maritime Liability › CHAPTER 305 — EXONERATION AND LIMITATION OF LIABILITY › SUBCHAPTER II — EXONERATION AND LIMITATION OF LIABILITY › § 30528
Summary
Allows a ship owner, operator, or employer sued for a crewmember’s shore-based medical negligence to use the state’s damage limits that apply to the treating doctor, hospital, or other health provider.
Full Legal Text
Title 46, §30528
Shipping, Source: USLM XML via OLRC
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 46, Shipping
Last Updated
Aug 21, 2026
Release point: 119-102