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Shipping - 46 USC Appendix Section 183c
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US Lawyer > Shipping > Shipping - 46 USC Appendix Section 183c
01/19/04 Sec. 183c. Stipulations limiting liability for negligence invalid;
contract limitations allowed
(a) It shall be unlawful for the manager, agent, master, or owner
of any vessel transporting passengers between ports of the United
States or between any such port and a foreign port to insert in any
rule, regulation, contract, or agreement any provision or
limitation (1) purporting, in the event of loss of life or bodily
injury arising from the negligence or fault of such owner or his
servants, to relieve such owner, master, or agent from liability,
or from liability beyond any stipulated amount, for such loss or
injury, or (2) purporting in such event to lessen, weaken, or avoid
the right of any claimant to a trial by court of competent
jurisdiction on the question of liability for such loss or injury,
or the measure of damages therefor. All such provisions or
limitations contained in any such rule, regulation, contract, or
agreement are declared to be against public policy and shall be
null and void and of no effect.
(b)(1) Subsection (a) of this section shall not prohibit
provisions or limitations in contracts, agreements, or ticket
conditions of carriage with passengers which relieve a crewmember,
manager, agent, master, owner, or operator of a vessel from
liability for infliction of emotional distress, mental suffering,
or psychological injury so long as such provisions or limitations
do not limit such liability if the emotional distress, mental
suffering, or psychological injury was -
(A) the result of physical injury to the claimant caused by the
negligence or fault of a crewmember or the manager, agent,
master, owner, or operator;
(B) the result of the claimant having been at actual risk of
physical injury, and such risk was caused by the negligence or
fault of a crewmember or the manager, agent, master, owner, or
operator; or
(C) intentionally inflicted by a crewmember or the manager,
agent, master, owner, or operator.
(2) Nothing in this subsection is intended to limit the liability
of a crewmember or the manager, agent, master, owner, or operator
of a vessel in a case involving sexual harassment, sexual assault,
or rape.
AMENDMENTS
1996 - Pub. L. 104-324 designated existing provisions as subsec.
(a) and added subsec. (b).
1993 - Cl. (2). Pub. L. 103-206 substituted "court" for "any
court".
1992 - Cl. (2). Pub. L. 102-587 inserted "any" before "court".
Last modified: April 20, 2006
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