Hammers' Law

Hammers' Law

This bill authorizes a party in a civil suit to recover nonpecuniary damages (i.e., damages for loss of care, comfort, and companionship) when an individual dies as a result of a cruise ship accident that occurred on the high seas beyond 12 nautical miles from the U.S. shore. The nonpecuniary damages may be in addition to other damages, but punitive damages are not recoverable. Current law already permits these damages to be recovered if a death was caused by a commercial aviation accident on the high seas.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3788 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3788

    To provide authorization for nonpecuniary damages in an action 
    resulting from a cruise ship voyage occurring on the high seas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 1, 2023

  Mr. Bacon (for himself, Ms. Matsui, Mr. Van Drew, and Ms. Scanlon) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide authorization for nonpecuniary damages in an action 
    resulting from a cruise ship voyage occurring on the high seas.

    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 ``Hammers' Law''.

SEC. 2. LIMITATIONS IN CERTAIN CASES.

    (a) In General.--Section 30307 of title 46, United States Code, is 
amended--
            (1) in the section heading, by striking ``Commercial 
        aviation accidents'' and inserting ``Limitations in certain 
        cases'';
            (2) by striking subsection (a) and inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Cruise ship.--The term `cruise ship' means a 
        passenger vessel, other than a vessel of the United States 
        operated by the Federal Government or a vessel owned and 
        operated by a State, that--
                    ``(A) is authorized to carry at least 250 
                passengers;
                    ``(B) has onboard sleeping facilities for each 
                passenger;
                    ``(C) is on a voyage that embarks or disembarks 
                passengers in the United States; and
                    ``(D) is not engaged on a coastwise voyage.
            ``(2) Nonpecuniary damages.--The term `nonpecuniary 
        damages' means damages for loss of care, comfort, and 
        companionship.'';
            (3) in subsection (b), by inserting ``or cruise ship 
        voyage'' after ``commercial aviation''; and
            (4) in subsection (c), by inserting ``or cruise ship 
        voyage'' after ``commercial aviation''.
    (b) Clerical Amendment.--The table of sections for chapter 303 of 
title 46, United States Code, is amended by striking the item relating 
to section 30307 and inserting the following:

``30307. Limitations in certain cases.''.
                                 <all>