CHAPTER 303 —DEATH ON THE HIGH SEAS
§30301. Short title
This chapter may be cited as the "Death on the High Seas Act".
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30301 | 46 App.:761 note. |
Statutory Notes and Related Subsidiaries
Short Title
Act Mar. 30, 1920, ch. 111,
§30302. Cause of action
When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent's spouse, parent, child, or dependent relative.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30302 | 46 App.:761(a). | Mar. 30, 1920, ch. 111, §1(a), |
The words "Subject to subsection (b) of this section" are omitted as unnecessary. The words "3 nautical miles" are substituted for "a marine league" for clarity. The words "United States" are substituted for "any State, or the District of Columbia, or the Territories or dependencies of the United States" because of the definition of "United States" in
§30303. Amount and apportionment of recovery
The recovery in an action under this chapter shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought. The court shall apportion the recovery among those individuals in proportion to the loss each has sustained.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30303 | 46 App.:762(a). | Mar. 30, 1920, ch. 111, §2(a), |
The words "and just" are omitted as redundant to "fair". The words "each has sustained" are substituted for "they may severally have suffered by reason of the death of the person by whose representative the suit is brought" to eliminate unnecessary words.
§30304. Contributory negligence
In an action under this chapter, contributory negligence of the decedent is not a bar to recovery. The court shall consider the degree of negligence of the decedent and reduce the recovery accordingly.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30304 | 46 App.:766. | Mar. 30, 1920, ch. 111, §6, |
§30305. Death of plaintiff in pending action
If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30305 | 46 App.:765. | Mar. 30, 1920, ch. 111, §5, |
The words "If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in
§30306. Foreign cause of action
When a cause of action exists under the law of a foreign country for death by wrongful act, neglect, or default on the high seas, a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action, without abatement of the amount for which recovery is authorized.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30306 | 46 App.:764. | Mar. 30, 1920, ch. 111, §4, |
The words "a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action" are substituted for "such right may be maintained in an appropriate action in admiralty in the courts of the United States" for clarity and consistency. The words "any statute of the United States to the contrary notwithstanding" are omitted as unnecessary.
§30307. Commercial aviation accidents
(a)
(b)
(c)
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30307(a) | 46 App.:762(b)(2). | Mar. 30, 1920, ch. 111, §§1(b), 2(b); as added |
| 30307(b) | 46 App.:762(b)(1). | |
| 30307(c) | 46 App.:761(b). |
In subsections (b) and (c), the words "the United States" are substituted for "any State, or the District of Columbia, or the Territories or dependencies of the United States" because of the definition of "United States" in
In subsection (b), the words "of a decedent" are omitted as unnecessary.
In subsection (c), the words "if the death resulted from a commercial aviation accident occurring on the high seas" are substituted for "In the case of a commercial aviation accident, whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas" for consistency with subsection (b) and to eliminate unnecessary words. The words "and the rules applicable under Federal, State, and other appropriate law shall apply" are omitted as unnecessary.
§30308. Nonapplication
(a)
(b)
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30308 | 46 App.:767. | Mar. 30, 1920, ch. 111, §7, |
In subsection (a), the words "law of a State" are substituted for "any State statute" for consistency in the revised title. The words "regulating the right to recover for death" are substituted for "giving or regulating rights of action or remedies for death" to eliminate unnecessary words.
In subsection (b), the words "or to any navigable waters in the Panama Canal Zone" are omitted because the Panama Canal Zone was transferred to the Republic of Panama.