Page:United States Statutes at Large Volume 120.djvu/1545

 120 STAT. 1514

PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(2) personal injury and death claimants, if any, shall be paid an additional amount in proportion to their respective losses out of the additional amount determined under section 30506(b) of this title.

‘‘§ 30508. Provisions requiring notice of claim or limiting time for bringing action ‘‘(a) APPLICATION.—This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels. ‘‘(b) MINIMUM TIME LIMITS.—The owner, master, manager, or agent of a vessel transporting passengers or property between ports in the United States, or between a port in the United States and a port in a foreign country, may not limit by regulation, contract, or otherwise the period for— ‘‘(1) giving notice of, or filing a claim for, personal injury or death to less than 6 months after the date of the injury or death; or ‘‘(2) bringing a civil action for personal injury or death to less than one year after the date of the injury or death. ‘‘(c) EFFECT OF FAILURE TO GIVE NOTICE.—When notice of a claim for personal injury or death is required by a contract, the failure to give the notice is not a bar to recovery if— ‘‘(1) the court finds that the owner, master, or agent of the vessel had knowledge of the injury or death and the owner has not been prejudiced by the failure; ‘‘(2) the court finds there was a satisfactory reason why the notice could not have been given; or ‘‘(3) the owner of the vessel fails to object to the failure to give the notice. ‘‘(d) TOLLING OF PERIOD TO GIVE NOTICE.—If a claimant is a minor or mental incompetent, or if a claim is for wrongful death, any period provided by a contract for giving notice of the claim is tolled until the earlier of— ‘‘(1) the date a legal representative is appointed for the minor, incompetent, or decedent’s estate; or ‘‘(2) 3 years after the injury or death. ‘‘§ 30509. Provisions limiting liability for personal injury or death ‘‘(a) PROHIBITION.— ‘‘(1) IN GENERAL.—The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting— ‘‘(A) the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or ‘‘(B) the right of a claimant for personal injury or death to a trial by court of competent jurisdiction. ‘‘(2) VOIDNESS.—A provision described in paragraph (1) is void. ‘‘(b) EMOTIONAL DISTRESS, MENTAL SUFFERING, AND PSYCHOLOGICAL INJURY.—

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