Hammers' Law amends title 46 of U.S. Code to redefine terms and expand damage limitations to include cruise ship voyages, specifically regarding nonpecuniary damages.
Deb Fischer
Senator
NE
Hammers' Law amends title 46 of the United States Code to redefine limitations in certain maritime and aviation accident cases. It defines "cruise ship" and "nonpecuniary damages" within the context of maritime law. The law expands the scope of existing limitations to include cruise ship voyages, affecting damage claims. It updates the relevant section heading in the U.S. Code to reflect these changes.
Hammers' Law Amendment Could Allow Families to Seek 'Comfort and Companionship' Damages in Fatal Cruise Ship Accidents Beyond 12 Miles
This bill, part of 'Hammers' Law,' tweaks a specific section of maritime law concerning accidents on the high seas. It proposes adding 'cruise ship voyages' to rules that currently apply mainly to commercial airplane crashes far from shore. The core change involves potentially allowing families to seek compensation for 'nonpecuniary damages' – defined in the bill as losses like care, comfort, and companionship – following a fatal accident on a qualifying cruise ship operating more than 12 nautical miles from the U.S.
Shifting Tides on Damages
Currently, the Death on the High Seas Act (DOHSA), which governs fatalities occurring more than 3 nautical miles offshore, generally limits recoverable damages to direct financial losses ('pecuniary damages'). Think lost wages or financial support. An existing exception (Section 30307 of Title 46, U.S. Code) allows families affected by commercial aviation accidents beyond 12 nautical miles to also seek damages for nonpecuniary losses – the invaluable, non-financial contributions of a lost loved one. This bill aims to extend that same exception to cruise ships. It specifically defines a 'cruise ship' as a vessel carrying 250+ passengers with sleeping accommodations, docking in the U.S., and not on a purely domestic route.
What This Means Offshore
If this passes, the key impact targets fatal incidents on large cruise ships operating far offshore (beyond 12 nautical miles). For families grieving a loss under these specific circumstances, this change could open the door to seeking compensation that acknowledges the profound personal loss of companionship and care, alongside any financial losses. Previously, under DOHSA's general rules, such nonpecuniary damages were typically not recoverable for maritime incidents. This amendment essentially seeks to align the rules for fatal cruise ship accidents far at sea with those already in place for commercial aviation accidents in the same waters. It doesn't change the rules for incidents occurring closer to shore (within 12 nautical miles), where state or other maritime laws often govern.