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Death on the High Seas - Information
§ 761. Right of action; where and by whom brought
Whenever the death of a person shall be caused by wrongful
act, neglect, or default occurring on the high seas beyond
a marine league from the shore of any State, or the District
of Columbia, or the Territories or dependencies of the United
States, the personal representative of the decedent may
maintain a suit for damages in the district courts of the
United States, in admiralty, for the exclusive benefit of
the decedent's wife, husband, parent, child, or dependent
relative against the vessel, person, or corporation which
would have been liable if death had not ensued.
(Mar. 30, 1920, ch. 111, § 1, 41 Stat. 537.)
SHORT TITLE
Act Mar. 30, 1920, ch. 111, which enacted this chapter,
is popularly know as the "Death on the High Seas Act".
CROSS REFERENCES
Death of plaintiff pending action, see section 765 of this
Appendix.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 765 of this Appendix.
§ 762. Amount and apportionment of recovery
The recovery in such suit shall be a fair and just compensation
for the pecuniary loss sustained by the persons for whose
benefit the suit is brought and shall be apportioned among
them by the court in proportion to the loss they may severally
have suffered by reason of the death of the person by whose
representative the suit is brought.
(Mar. 30, 1920, ch. 111, § 2, 41 Stat. 537.)
CROSS REFERENCES
Death of plaintiff pending action, see section 765 of this
Appendix.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 765 of this Appendix.
§ 763a. Limitations
Unless otherwise specified by law, a suit for recovery
of damages for personal injury or death, or both, arising
out of a maritime tort, shall not be maintained unless commenced
within three years from the date the cause of action accrued.
(Pub. L. 96-382, § 1, Oct. 6, 1980, 94 Stat. 1525.)
Codification
Section was not enacted as part of act Mar. 30, 1920, known
as the Death on the High Seas Act, which comprises this
chapter.
§ 764. Rights of action given by laws of foreign countries
Whenever a right of action is granted by the law of any
foreign State on account of death by wrongful act, neglect,
or default occurring upon the high seas, such right may
be maintained in an appropriate action in admiralty in the
courts of the United States without abatement in respect
to the amount for which recovery is authorized, any statute
of the United States to the contrary notwithstanding.
(Mar. 30, 1920, ch. 111, § 4, 41 Stat. 537.)
§ 765. Death of plaintiff pending action
If a person die 1 as the result of such wrongful act, neglect,
or default as is mentioned in section 761 of this Appendix
during the pendency in a court of admiralty of the United
States of a suit to recover damages for personal injuries
in respect of such act, neglect, or default, the personal
representative of the decedent may be substituted as a party
and the suit may proceed as a suit under this chapter for
the recovery of the compensation provided in section 762
of this Appendix.
__________
1 So in original. Probably should be "dies".
(Mar. 30, 1920, ch. 111, § 5, 41 Stat. 537.)
§ 766. Contributory negligence
In suits under this chapter the fact that the decedent
has been guilty of contributory negligence shall not bar
recovery, but the court shall take into consideration the
degree of negligence attributable to the decedent and reduce
the recovery accordingly.
(Mar. 30, 1920, ch. 111, § 6, 41 Stat. 537.)
§ 767. Exceptions from operation of chapter
The provisions of any State statute giving or regulating
rights of action or remedies for death shall not be affected
by this chapter. Nor shall this chapter apply to the Great
Lakes or to any waters within the territorial limits of
any State, or to any navigable waters in the Panama Canal
Zone.
(Mar. 30, 1920, ch. 111, § 7, 41 Stat. 538.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in text, see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
The United States Supreme Court, in the case of Chandris,
Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995), has
ruled that any worker who spends more than thirty percent
of his time in the service of a vessel on navigable waters
qualifies as a seaman under the Jones Act. An action under
the Jones Act may be brought either in a U.S. federal court
or in a state court.
