Page:United States Statutes at Large Volume 120.djvu/1541

 120 STAT. 1510

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(b) NOT SUBJECT TO LIMITATION.—A liability imposed under this section is not subject to limitation under chapter 305 of this title. ‘‘§ 30103. Liability of master, mate, engineer, and pilot ‘‘A person may bring a civil action against a master, mate, engineer, or pilot of a vessel, and recover damages, for personal injury or loss caused by the master’s, mate’s, engineer’s, or pilot’s— ‘‘(1) negligence or willful misconduct; or ‘‘(2) neglect or refusal to obey the laws governing the navigation of vessels. ‘‘§ 30104. Personal injury to or death of seamen ‘‘(a) CAUSE OF ACTION.—A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. ‘‘(b) VENUE.—An action under this section shall be brought in the judicial district in which the employer resides or the employer’s principal office is located. ‘‘§ 30105. Restriction on recovery by non-citizens and nonresident aliens for incidents in waters of other countries ‘‘(a) DEFINITION.—In this section, the term ‘continental shelf ’ has the meaning given that term in article I of the 1958 Convention on the Continental Shelf. ‘‘(b) RESTRICTION.—Except as provided in subsection (c), a civil action for maintenance and cure or for damages for personal injury or death may not be brought under a maritime law of the United States if— ‘‘(1) the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action; ‘‘(2) the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and ‘‘(3) the individual suffering the injury or death was employed at the time of the incident by a person engaged in the exploration, development, or production of offshore mineral or energy resources, including drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment, or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces. ‘‘(c) NONAPPLICATION.—Subsection (b) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of— ‘‘(1) the country asserting jurisdiction over the area in which the incident occurred; or ‘‘(2) the country in which the individual suffering the injury or death maintained citizenship or residency at the time of the incident.

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