Provisions requiring notice of claim or limiting time for bringing action

46 U.S.C. § 30526

• Title: 46 — Shipping
• Chapter: SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY

Text

(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, in the case of seagoing vessels, to less than 6 months after the date of the injury or death, or in the case of covered small passenger vessels, to less than two years after the date of the injury or death; or
(2) bringing a civil action for personal injury or death, in the case of seagoing vessels, to less than one year after the date of the injury or death, or in the case of covered small passenger vessels, to less than two years 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.

History

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1514, §30508; renumbered §30526 and amended Pub. L. 117–263, div. K, title CXV, §11503(a)(3), (d), Dec. 23, 2022, 136 Stat. 4130, 4131.)

Editorial Notes

For an explanation of subsection (a), see the revision notes for section 30506(a), where 46 App. U.S.C. 183(f) is also restated.
In subsection (b), before paragraph (1), the words "sea-going vessel (other than tugs, barges, fishing vessels and their tenders)" are omitted because of subsection (a) of this section. The word "merchandise" is omitted as covered by "property". The words "between ports in the United States, or between a port in the United States and a port in a foreign country" are substituted for "from or between ports of the United States and foreign ports" for clarity and for consistency with section 30509(a)(1) of the revised title. See Burstein v. United States Lines Co., 43 F. Supp. 226 (S.D.N.Y. 1942), rev'd on other grounds, 134 F.2d 89 (2d Cir. 1943). The word "rule" is omitted as covered by "regulation". In paragraph (1), the words "after the date of the injury or death" are added for clarity and consistency with paragraph (2).
In subsection (c), before paragraph (1), the words "When notice of a claim for personal injury or death is required by a contract, the failure to give the notice" are substituted for "Failure to give such notice, where lawfully prescribed in such contract" for clarity. In paragraph (1), the words "the court finds" are stated at the beginning rather than the middle to be more precise. The word "damage" is omitted as unnecessary. In paragraph (2), the words "the court finds there was a satisfactory reason" are substituted for "the court excuses such failure on the ground that for some satisfactory reason" to eliminate unnecessary words.
In subsection (d), before paragraph (1), the word "claimant" is substituted for "person who is entitled to recover on any such claim" to eliminate unnecessary words. The word "lawful" is omitted as unnecessary. The words "is tolled until" are substituted for "shall not be applicable so long as" and "but shall be applicable from" for clarity and to eliminate unnecessary words.

Editorial Notes

Amendments
2022—Pub. L. 117–263, §11503(a)(3), renumbered section 30508 of this title as this section.
Subsec. (b)(1). Pub. L. 117–263, §11503(d)(1), inserted ", in the case of seagoing vessels," after "personal injury or death" and ", or in the case of covered small passenger vessels, to less than two years after the date of the injury or death" after "date of the injury or death".
Subsec. (b)(2). Pub. L. 117–263, §11503(d)(2), inserted ", in the case of seagoing vessels," after "personal injury or death" and ", or in the case of covered small passenger vessels, to less than two years after the date of the injury or death" after "date of the injury or death".