Court Opinions
State Laws
|
Shipping - 46 USC Appendix Section 688
Legal Research Home >
US Lawyer > Shipping > Shipping - 46 USC Appendix Section 688
01/19/04 Sec. 688. Recovery for injury to or death of seaman
(a) Application of railway employee statutes; jurisdiction
Any seaman who shall suffer personal injury in the course of his
employment may, at his election, maintain an action for damages at
law, with the right of trial by jury, and in such action all
statutes of the United States modifying or extending the common-law
right or remedy in cases of personal injury to railway employees
shall apply; and in case of the death of any seaman as a result of
any such personal injury the personal representative of such seaman
may maintain an action for damages at law with the right of trial
by jury, and in such action all statutes of the United States
conferring or regulating the right of action for death in the case
of railway employees shall be applicable. Jurisdiction in such
actions shall be under the court of the district in which the
defendant employer resides or in which his principal office is
located.
(b) Limitation for certain aliens; applicability in lieu of other
remedy
(1) No action may be maintained under subsection (a) of this
section or under any other maritime law of the United States for
maintenance and cure or for damages for the injury or death of a
person who was not a citizen or permanent resident alien of the
United States at the time of the incident giving rise to the action
if the incident occurred -
(A) while that person was in the employ of an enterprise
engaged in the exploration, development, or production of
offshore mineral or energy resources - including but not limited
to drilling, mapping, surveying, diving, pipelaying, maintaining,
repairing, constructing, or transporting supplies, equipment or
personnel, but not including transporting those resources by (a)
(!1) vessel constructed or adapted primarily to carry oil in bulk
in the cargo spaces; and
(B) in the territorial waters or waters overlaying the
continental shelf of a nation other than the United States, its
territories, or possessions. As used in this paragraph, the term
"continental shelf" has the meaning stated in article I of the
1958 Convention on the Continental Shelf.
(2) The provisions of paragraph (1) of this subsection shall not
be applicable if the person bringing the action establishes that no
remedy was available to that person -
(A) under the laws of the nation asserting jurisdiction over
the area in which the incident occurred; or
(B) under the laws of the nation in which, at the time of the
incident, the person for whose injury or death a remedy is sought
maintained citizenship or residency.
AMENDMENTS
1982 - Pub. L. 97-389 designated existing provisions as subsec.
(a) and added subsec. (b).
1920 - Act June 5, 1920, amended section generally. Prior to
amendment, section read as follows: "In any suit to recover damages
for any injury sustained on board vessel or in its service seamen
having command shall not be held to be fellow-servants with those
under their authority."
EFFECTIVE DATE OF 1982 AMENDMENT
Section 503(b) of Pub. L. 97-389 provided that: "The amendment
made by this section [amending this section] does not apply to any
action arising out of an incident that occurred before the date of
enactment of this section [Dec. 29, 1982]."
Last modified: April 20, 2006
|
|
