PRIA, Government Policy, Made Personal

Summary

If a carrier made the vessel seaworthy and provided proper crew, equipment, and supplies, the carrier and vessel aren’t liable for loss from navigation or handling mistakes. They also aren’t liable for loss from eight causes: sea dangers, acts of God, enemy action, legal seizure, defects or bad packing of goods, shipper/owner errors, or rescue efforts (including detours).

Title 46, §30706

Shipping, Source: USLM XML via OLRC

(a)Due Diligence.—

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)Other Defenses.—

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.

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.

§30706 Defenses

Summary

Title 46, §30706

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata