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Shipping - 46 USC Appendix Section 183
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01/19/04 Sec. 183. Amount of liability
(a) Privity or knowledge of owner; limitation
The liability of the owner of any vessel, whether American or
foreign, for any embezzlement, loss, or destruction by any person
of any property, goods, or merchandise shipped or put on board of
such vessel, or for any loss, damage, or injury by collision, or
for any act, matter, or thing, loss, damage, or forfeiture, done,
occasioned, or incurred, without the privity or knowledge of such
owner or owners, shall not, except in the cases provided for in
subsection (b) of this section, exceed the amount or value of the
interest of such owner in such vessel, and her freight then
pending.
(b) Seagoing vessels; losses not covered in full
In the case of any seagoing vessel, if the amount of the owner's
liability as limited under subsection (a) of this section is
insufficient to pay all losses in full, and the portion of such
amount applicable to the payment of losses in respect of loss of
life or bodily injury is less than $420 per ton of such vessel's
tonnage, such portion shall be increased to an amount equal to $420
per ton, to be available only for the payment of losses in respect
of loss of life or bodily injury. If such portion so increased is
insufficient to pay such losses in full, they shall be paid
therefrom in proportion to their respective amounts.
(c) Tonnage of seagoing vessels
For the purposes of this section the tonnage of a seagoing steam
or motor vessel shall be her gross tonnage without deduction on
account of engine room, and the tonnage of a seagoing sailing
vessel shall be her registered tonnage: Provided, That there shall
not be included in such tonnage any space occupied by seamen or
apprentices and appropriated to their use.
(d) Loss of life or bodily injury arising on distinct occasions
The owner of any such seagoing vessel shall be liable in respect
of loss of life or bodily injury arising on distinct occasions to
the same extent as if no other loss of life or bodily injury had
arisen.
(e) Privity imputed to owner
In respect of loss of life or bodily injury the privity or
knowledge of the master of a seagoing vessel or of the
superintendent or managing agent of the owner thereof, at or prior
to the commencement of each voyage, shall be deemed conclusively
the privity or knowledge of the owner of such vessel.
(f) "Seagoing vessel" defined
As used in subsections (b), (c), (d), and (e) of this section and
in section 183b of this Appendix, the term "seagoing vessel" shall
not include pleasure yachts, tugs, towboats, towing vessels, tank
vessels, fishing vessels or their tenders, self-propelled lighters,
nondescript self-propelled vessels, canal boats, scows, car floats,
barges, lighters, or nondescript non-self-propelled vessels, even
though the same may be seagoing vessels within the meaning of such
term as used in section 188 of this Appendix, as amended.
(g) Vicarious liability for medical malpractice at shoreside
facilities; statutory limitations
In a suit by any person in which the operator or owner 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, such operator,
owner, or employer shall be entitled to rely upon any and all
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.
AMENDMENTS
1996 - Subsec. (g). Pub. L. 104-324 added subsec. (g).
1984 - Subsec. (b). Pub. L. 98-498 substituted "$420" for "$60"
in two places.
1936 - Act June 5, 1936, amended section generally, provided,
that when owner's limited liability is insufficient to pay losses
in full and the portion applicable to payment for loss of life or
injury is less than $60 per ton, such portion be increased to $60
per ton, and if increased portion is insufficient, proportionate
payments be made, inserted provision imputing privity or knowledge
of master, superintendent, or managing agent to owner, construed
"seagoing vessel" for purposes of section 183b of this Appendix as
well as this section, and designated the amended provisions of
section as subsecs. (a) to (f).
1935 - Act Aug. 29, 1935, inserted provisions fixing total
liability of owner of sea-going vessel, whether American or
foreign, other than tugs, barges, or fishing vessels, for entire
loss of life or injuries caused without his fault or privity at not
less than $60 for each ton of such vessel or the amount of value of
his interest in such vessel and her freight then pending, if the
latter be a greater amount; fixed tonnage of steam or motor vessel
as her gross tonnage, without deduction for engine room, and
tonnage of a sailing vessel as her registered tonnage, not
including space for seamen; and imposed on owners, liability for
losses of life or injury on distinct occasions to the same extent
as if no other loss or injury had arisen.
EFFECTIVE DATE OF 1984 AMENDMENT
Section 213(b) of Pub. L. 98-498 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
incidents occurring after the date of enactment of this Act [Oct.
19, 1984]."
Last modified: April 20, 2006
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