Death on the High Seas Act

Death on the High Seas Act
Great Seal of the United States
Long titleAn Act relating to the maintenance of actions for death on the high seas and other navigable waters.
NicknamesDeath on the High Seas Act 1920
Enacted bythe 66th United States Congress
EffectiveMarch 30, 1920
Citations
Public lawPub. L. 66–165
Statutes at Large41 Stat. 537
Codification
Titles amended46 U.S.C.: Shipping
U.S.C. sections created46 U.S.C. ch. 303 § 30301 et seq.
Legislative history
  • Introduced in the Senate as S. 2085
  • Passed the Senate on October 20, 1919 (Passed)
  • Passed the House on March 17, 1920 (201-75) with amendment
  • Senate agreed to House amendment on March 22, 1920 (Agreed)
  • Signed into law by President Woodrow Wilson on March 30, 1920
Major amendments
April 2000

The Death on the High Seas Act (DOHSA) (46 U.S.C. §§ 30301–30308) is a United States admiralty law enacted by the United States Congress in 1920. The Act (often referred to as DOHSA) functions as a wrongful death statute, providing a cause of action for surviving family members when an individual dies as a result of a wrongful act or disaster in international waters.[1] These individuals may make a civil claim for damages against the "person or vessel responsible" for the wrongful or negligent act that caused the death.[2] DOHSA also applies to negligent acts causing death that occur after the initial accident, if the decedent was on the high seas at the time the negligence began.[3] Though DOHSA is generally the exclusive remedy available for certain wrongful death claims under maritime law, surviving relatives may make concurrent claims under DOHSA and the Jones Act in some circumstances.[4]

While DOHSA was originally intended to cover naval accidents and other incidents occurring on ships, the Act was amended in 2000 and to expand the amount of recovery available to victims' families after deaths resulting from certain commercial airline disasters.[5] The statute was subsequently repealed and re-codified with minor changes to the statutory language in 2006.[6]

  1. ^ 2 The Law of Seamen § 29:4 (5th ed.) – via Westlaw
  2. ^ 46 U.S.C. § 30302
  3. ^ 2 Am. Jur. 2d Admiralty § 109 – via Westlaw
  4. ^ "The Death on the High Seas Act and Fatal Maritime Accidents". Justia. 2021-06-03. Retrieved 2023-02-20, https://www.justia.com/admiralty/the-death-on-the-high-seas-act-and-fatal-maritime-accidents/
  5. ^ 46 U.S.C. § 30307
  6. ^ Pub. L. No. 109–304, §§6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710, https://www.govinfo.gov/content/pkg/PLAW-109publ304/pdf/PLAW-109publ304.pdf