Hammers' Law Extends Aviation Liability Caps to Cruise Ships: What This Means for Passenger Lawsuits

The proposed “Hammers’ Law” is short, but it packs a significant punch for anyone who has ever booked a cruise. This legislation takes a set of liability limits currently reserved for commercial aviation accidents and applies them directly to cruise ship voyages. Essentially, it expands existing federal caps on how much money a victim can sue for, moving those caps from the sky down to the high seas. The bill also renames the relevant section of the U.S. Code (Title 46, Section 30307) to reflect this broader coverage, clearly signaling that these liability rules are no longer just about planes.

Defining the High-Seas Liability Limit

To be clear, this law targets specific types of damages. The bill clarifies that “nonpecuniary damages” are money awarded for things like the loss of care, comfort, and companionship—the non-financial, human costs of an accident. It’s not about covering your medical bills or lost wages. The law’s reach is also specific: it applies to any passenger vessel that holds at least 250 passengers, offers beds for everyone, and starts or ends its trip in the U.S., provided it’s not just sailing along the U.S. coast. If your cruise fits that description, the liability limits will now apply to any lawsuit stemming from that voyage.

The Real-World Impact: When Tragedy Strikes

Think about what this means in practice. Right now, if you or a family member were severely injured or killed due to negligence on a cruise ship, the compensation available for the emotional toll—like a spouse losing their partner's companionship or a child losing a parent's guidance—is generally determined by a jury without a federal cap. By applying the existing aviation limits (which are designed for a very different industry), the law could severely restrict the payout for these non-financial losses. For a family seeking justice after a serious accident, this could mean that even if a cruise line is found clearly negligent, the amount they can recover for the deep, non-monetary harm is artificially capped, potentially reducing accountability for major cruise operators.

Who Benefits from the Change?

This is a huge win for the cruise industry and their insurance providers. By introducing predictability and a ceiling on nonpecuniary damages, cruise lines can better manage their financial risk, possibly leading to stable insurance costs. However, that cost stability for the corporation comes directly at the expense of passengers and their families. When a cruise line’s liability is capped, the financial burden of a catastrophic event shifts away from the at-fault party and onto the victims and their families. This provision (SEC. 2. Applying the Limitations) essentially gives the cruise industry the same liability protections currently enjoyed by commercial airlines, despite the vastly different operational and legal contexts of maritime travel.