1998 Year of the Ocean The U.S. Marine Transportation System 



V. LIABILITY 



Admiralty Extension Act (AEA) . 46 U.S.C. § 740 



The AEA (or Extension of Admiralty Jurisdiction Act) expressly defines the scope of admiralty and 

 maritime jurisdiction of the United States. Such jurisdiction included all cases of damage or injury 

 to person or property, caused by a vessel on navigable water, notwithstanding that such damage or 

 injury be done or consunmiated on land. Suits under the AEA may be brought in rem or in 

 personam. However, the AEA provides that any suit brought against the U.S. Public Vessels Act, 

 or Suits in Admiralty Act shall constitute the exclusive remedy, for all suits not otherwise filed 

 under the Federal Torts Claim Act. The AEA was enacted to eliminate the confusion over the lines 

 between land and water, e.g., those cases where persons or property on land was damaged by ships. 



Death on the High Seas Act , as amended, (DHSA), 46 U.S.C. § 761 



For deaths caused as a result of wrongful act, neglect, or default occurring on the high seas beyond 

 a marine league from shore, the personal representative of the decedent may bring a suit for 

 damages in U.S. District Court, in admiralty, for the exclusive benefit of decedent's wife, husband, 

 parent, child, or dependent relative. Suits under the DSHA may be brought against the vessel, 

 person, or corporation which would have been liable if death had not ensued. The statute of 

 limitations for suits brought under the DHSA is 3 years. Contributory negligence of the decedent 

 does not bar recovery, although damages may be reduced accordingly. Further, the DHSA 

 expressly ensures state remedies will not be affected, nor does the DHSA apply to the Great Lakes, 

 any waters within the territorial limits of any state, or any navigable waters in the Panama Canal 

 Zone. 



Jones Act . 46 App. U.S.C. § 688 



The Jones Act provides that any seaman who suffers personal injury in the course of his 

 employment may, maintain an action for damages, with the right of trial by jury. In the case of 

 death of a seaman, the personal representative may maintain such action. 



Limitation of Shipowner Liability Act . 46 App. U.S.C. §§ 181-185 



The Limitation of Shipowner Liability Act provides procedures for the limitation of liability for 

 vessel owners. The Act provides a procedure in admiralty whereby a vessel owner may petition a 

 U.S. district court for limitation of liability. Liability for losses may be limited to the value of the 

 owner's vessels and freight. 



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