S 3755 · 111th Congress 2009โ€“2011, ended

Fairness in Admiralty and Maritime Law Act

Latest action · Aug 5, 2010 Read twice and referred to the Committee on Commerce, Science, and Transportation.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedAug 5, 2010
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Fairness in Admiralty and Maritime Law Act - Expands a shipowner's liability to claims not subject to limitation to include: (1) personal injury claims; (2) wrongful death claims; and (3) claims relating to oil drilling or exploration or the discharge of oil from a vessel or offshore facility. Excepts the owner of a fishing vessel from such limitation for claims for personal injury or wrongful death, unless the claim involves the privity or knowledge of the owner.

Allows punitive damages to be assessed without regard to the amount of compensatory damages assessed in a civil maritime action for damages arising out of a maritime tort, subject to exception.

Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States.

Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines "nonpecuniary loss" as loss of care, comfort, and companionship.

Amends provisions concerning commercial aviation accidents to include general aviation accidents.

Amends the Jones Act to allow recovery for the loss of care, comfort, and companionship of a seaman in a claim by the seaman's representative relating to oil drilling or exploration or the discharge of oil when the seaman died as the result of such oil drilling or exploration or the discharge of oil.

Cosponsors 1

Members who signed on, in the order they did. All signed on Sep 27, 2010.

SeatCosponsorSigned on
D-NYCharles E. SchumerSep 27, 2010

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateCommerce, Science, and Transportation Committee
Referred Aug 5, 2010

Actions 2

Everything that happened, newest first.

  1. Aug 5, 2010Introduced in Senate
  2. Aug 5, 2010Read twice and referred to the Committee on Commerce, Science, and Transportation.

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to ensure fairness in admiralty and maritime law and for other purposes.
Short Titles as Introduced
Fairness in Admiralty and Maritime Law Act

Subjects

Assigned by the Library of Congress. Policy area: Transportation and Public Works.

Text 1

Each version as it was printed, newest first.

  1. Aug 5, 2010Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.