Dooley v. Korean Air Lines Co., 524 U.S. 116, 6 (1998)

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Cite as: 524 U. S. 116 (1998)

Opinion of the Court

gress made the law and it is up to Congress to change it." Id., at 1481.

We granted certiorari, 522 U. S. 1038 (1998), to resolve a Circuit split concerning the availability of a general maritime survival action in cases of death on the high seas. Compare, e. g., In re Korean Air Lines Disaster, 117 F. 3d, at 1481, with Gray v. Lockheed Aeronautical Systems Co., 125 F. 3d 1371, 1385 (CA11 1997).

II

Before Congress enacted DOHSA in 1920, the general law of admiralty permitted a person injured by tortious conduct to sue for damages, but did not permit an action to be brought when the person was killed by that conduct. See generally R. Hughes, Handbook of Admiralty Law 222-223 (2d ed. 1920). This rule stemmed from the theory that a right of action was personal to the victim and thus expired when the victim died. Accordingly, in the absence of an Act of Congress or state statute providing a right of action, a suit in admiralty could not be maintained in the courts of the United States to recover damages for a person's death. See The Harrisburg, 119 U. S. 199, 213 (1886); The Alaska, 130 U. S. 201, 209 (1889).1

Congress passed such a statute, and thus authorized recovery for deaths on the high seas, with its enactment of DOHSA. DOHSA provides a cause of action for "the death of a person . . . caused by wrongful act, neglect, or default occurring on the high seas," § 761; this action must be brought by the decedent's personal representative "for the exclusive benefit of the decedent's wife, husband, parent,

1 We later rejected this rule in Moragne v. States Marine Lines, Inc., 398 U. S. 375, 408-409 (1970), by overruling The Harrisburg, 119 U. S. 199 (1886), and holding that a federal remedy for wrongful death exists under general maritime law. In Sea-Land Services, Inc. v. Gaudet, 414 U. S. 573, 574 (1974), we further held that such wrongful-death awards could include compensation for loss of support and services and for loss of society.

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