46 U.S.C. § 30508 Provisions Requiring Notice of Claim Or Limiting Time For Bringing Action

• Library: United States Statutes
• Edition: 2012
• Currency: Current through P.L. 112-90
• Year: 2012
• Citation: 46 U.S.C. § 30508

(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.

Cite as 46 U.S.C. § 30508

Source: Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1514.

Notes from the Office of Law Revision Counsel

current through 3/2/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised <para>Section</para> </TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>30508(a)</TD> <TD>46 App.:183(f) (related to 46 App.:183b).</TD> <TD>R.S. §4283(f) (related to R.S. §4283A); Aug. 29, 1935, ch. 804, §1, 49 Stat. 960; June 5, 1936, ch. 521, §1, 49 Stat. 1480.</TD> </TR> <TR> <TD>30508(b)</TD> <TD>46 App.:183b(a).</TD> <TD>R.S. §4283A, as added Aug. 29, 1935, ch. 804, §3, 49 Stat. 960.</TD> </TR> <TR> <TD>30508(c)</TD> <TD>46 App.:183b(b).</TD> <TD/> </TR> <TR> <TD>30508(d)</TD> <TD>46 App.:183b(c).</TD> <TD/> </TR> </TABLE>