Page:United States Statutes at Large Volume 120.djvu/1546

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1515

‘‘(1) IN GENERAL.—Subsection (a) does not prohibit a provision in a contract or in ticket conditions of carriage with a passenger that relieves an owner, master, manager, agent, operator, or crewmember of a vessel from liability for infliction of emotional distress, mental suffering, or psychological injury so long as the provision does not limit such liability when the emotional distress, mental suffering, or psychological injury is— ‘‘(A) the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; ‘‘(B) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or ‘‘(C) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator. ‘‘(2) SEXUAL OFFENSES.—This subsection does not limit the liability of a crewmember or the owner, master, manager, agent, or operator of a vessel in a case involving sexual harassment, sexual assault, or rape. ‘‘§ 30510. Vicarious liability for medical malpractice with regard to crew ‘‘In a civil action by any person in which the owner or operator of a vessel or employer of a crewmember is claimed to have vicarious liability for medical malpractice with regard to a crewmember occurring at a shoreside facility, and to the extent the damages resulted from the conduct of any shoreside doctor, hospital, medical facility, or other health care provider, the owner, operator, or employer is entitled to rely on any statutory limitations of liability applicable to the doctor, hospital, medical facility, or other health care provider in the State of the United States in which the shoreside medical care was provided. ‘‘§ 30511. Action by owner for limitation ‘‘(a) IN GENERAL.—The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim. ‘‘(b) CREATION OF FUND.—When the action is brought, the owner (at the owner’s option) shall— ‘‘(1) deposit with the court, for the benefit of claimants— ‘‘(A) an amount equal to the value of the owner’s interest in the vessel and pending freight, or approved security; and ‘‘(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or ‘‘(2) transfer to a trustee appointed by the court, for the benefit of claimants— ‘‘(A) the owner’s interest in the vessel and pending freight; and ‘‘(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter.

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