Page:United States Statutes at Large Volume 120.djvu/1542

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1511

‘‘§ 30106. Time limit on bringing maritime action for personal injury or death ‘‘Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose. ‘‘CHAPTER 303—DEATH ON THE HIGH SEAS ‘‘Sec. ‘‘30301. ‘‘30302. ‘‘30303. ‘‘30304. ‘‘30305. ‘‘30306. ‘‘30307. ‘‘30308.

Short title. Cause of action. Amount and apportionment of recovery. Contributory negligence. Death of plaintiff in pending action. Foreign cause of action. Commercial aviation accidents. Nonapplication.

‘‘§ 30301. Short title ‘‘This chapter may be cited as the ‘Death on the High Seas Act’. ‘‘§ 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. ‘‘§ 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. ‘‘§ 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. ‘‘§ 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 section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default, the personal representative of the decedent may be substituted as the plaintiff and the action may proceed under this chapter for the recovery authorized by this chapter. ‘‘§ 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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