Defenses

  1. Law
  2. USC 46
  3. Shipping
  4. Maritime Liability
  5. LIABILITY OF WATER CARRIERS
  6. Defenses

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§30706. Defenses

(a) Due Diligence.-If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.

(b) Other Defenses.-A carrier and the vessel are not liable for loss or damage arising from-

(1) dangers of the sea or other navigable waters;

(2) acts of God;

(3) public enemies;

(4) seizure under legal process;

(5) inherent defect, quality, or vice of the goods;

(6) insufficiency of package;

(7) act or omission of the shipper or owner of the goods or their agent; or

(8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.

( Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1517 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30706 46 App.:192. Feb. 13, 1893, ch. 105, §3, 27 Stat. 445 .

This section is restated as two subsections to clarify that the exercise of due diligence in making the vessel seaworthy is a condition only to the defense of error in navigation or management restated in subsection (a). See May v. Hamburg-Amerikanische Packetfahrt Aktiengesellschaft (The Isis), 290 U.S. 333, 353 (1933). The words "transporting merchandise or property to or from any port in the United States of America" are omitted because of section 30702(a) of the revised title.


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