Fairness for Fallen Sailors Act

Fairness for Fallen Sailors Act

This bill revises federal law relating to individuals who die from an accident on the high seas.

The bill amends current law to allow the personal representative of the estate of an individual whose death is caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States, to bring a civil action in admiralty or in law against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent's estate.

The recovery in an action shall be fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought (currently), the pre-death pain and suffering of the decedent, and non-pecuniary damages for the loss of care, comfort, and companionship of a family member of a decedent.

In an action related to death resulting from an aviation accident (under current law, this provision applies to commercial aviation accidents) occurring on the high seas beyond 12 nautical miles from the shore of the United States, additional compensation is recoverable for nonpecuniary damages, but punitive damages are not recoverable.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5584 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5584

To amend title 46, United States Code, to provide for a cause of action 
 by the family of a person who dies from an accident on the high seas, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2021

 Ms. Escobar introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 46, United States Code, to provide for a cause of action 
 by the family of a person who dies from an accident on the high seas, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for Fallen Sailors Act''.

SEC. 2. AMENDMENTS TO DEATH ON THE HIGH SEAS ACT.

    (a) Cause of Action.--Section 30302 of title 46, United States 
Code, is amended to read as follows:
``Sec. 30302. Cause of action
    ``When the death of an individual is caused by wrongful act, 
neglect, or default occurring on the high seas beyond 3 nautical miles 
from the shore of the United States, the personal representative of the 
decedent or the decedent's estate may bring a civil action in admiralty 
or in law against the person or vessel responsible. The action shall be 
for the exclusive benefit of the decedent's spouse, parent, child, 
estate, or dependent relative.''.
    (b) Amount and Apportionment of Recovery.--Section 30303 of title 
46, United States Code, is amended by inserting ``, the pre-death pain 
and suffering of the decedent, and non-pecuniary damages for the loss 
of care, comfort, and companionship of a family member of a decedent'' 
after ``action is brought''.
    (c) Aviation Accidents.--Section 30307 of title 46, United States 
Code, is amended--
            (1) in the section heading by striking ``Commercial 
        aviation'' and inserting ``Aviation''; and
            (2) by striking ``commercial'' each place it appears.
    (d) Conforming Amendment.--The analysis for chapter 303 of title 
46, United States Code, is amended by striking the item relating to 
section 30307 and inserting the following:

``30307. Aviation accidents.''.
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