“A bill to provide authorization for nonpecuniary damages in an action resulting from a cruise ship voyage occurring on the high seas.”
No CRS summary available for this bill.
This section revises limitations on damages under the Death on the High Seas Act (DOHSA, 46 U.S.C. ch. 303)—which generally limits recovery to pecuniary losses for deaths on the high seas beyond 3 nautical miles—to also cover cruise ship voyage accidents in addition to commercial aviation accidents. It (1) defines a cruise ship as a passenger vessel (other than a U.S. government-operated or state-owned-and-operated vessel) authorized to carry at least 250 passengers with onboard sleeping facilities for each on voyages embarking or disembarking passengers in the United States but not engaged in coastwise voyages; (2) for such accidents beyond 12 nautical miles from the U.S. shore, authorizes recovery of additional compensation for nonpecuniary damages (i.e., loss of care, comfort, and companionship) but bars punitive damages; and (3) for such accidents 12 nautical miles or less from the U.S. shore, provides that DOHSA does not apply. It also revises the section heading to "Limitations in certain cases" and makes a conforming change to the table of sections for chapter 303.