C.F.R. » Title 46 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC › PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION › Subpart B—Definitions

46 C.F.R. § 5.29

Negligence

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Negligence is the commission of an act which a reasonable and prudent person of the same station, under the same circumstances, would not commit, or the failure to perform an act which a reasonable and prudent person of the same station, under the same circumstances, would not fail to perform.

Notes of Decisions
Cited in 6 cases (6 in the last 5 years), 2023–2025 · leading case: Stewart, No. 2:25-cv-00195 (W.D. La. Oct. 22, 2025).
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Stewart, No. 2:25-cv-00195 (W.D. La. Oct. 22, 2025). · cites it 5× “§ 6503 and 46 C.F.R. § 5.29 . Id. Specifically, Plaintiff claims she is owed damages for Defendant’s negligence in its duties and breach of its contract which led to “the thief [sic], destruction and damage of the private personal stolen property.”
Baker, No. 2:25-cv-02302 (W.D. Wash. Dec. 10, 2025). · cites it 4× “§ 4101 , 2) negligence under 46 C.F.R. § 5.29 ; 3) “breach of duty” under 29 U.”
Will v. Meta Inc., No. 8:24-cv-00409 (D. Neb. Oct. 22, 2024). · cites it 2× “Will (“Plaintiff”), a non-prisoner, filed his Complaint on October 18, 2024 (the “Complaint”), alleging this Court has jurisdiction over the matter pursuant to 46 C.F.R. § 5.29 . Filing No. 1. Plaintiff has been given leave to proceed in forma pauperis.”
Parkes v. Belga Cafe, No. 2024-2374 (D.D.C. Nov. 20, 2024). · cites it 2× “Plaintiff alleges that Defendants violated the Civil Rights Act of 1964 and 46 C.F.R. § 5.29 and demands $2 million in damages, alleging she must now bring her own cutlery to restaurants because she is “cautious and skeptical” of potential contamination.”
McAllister v. Long, No. 2:25-cv-10391 (E.D. Mich. Feb. 24, 2025). · cites it 2× “29” The Court presumes that Plaintiff is claiming a violation of 46 C.F.R. § 5.29 in Count I of her Complaint, as there is no similar provision in the United States Code.”
Ehart v. Lahaina Divers, Inc., No. 1:21-cv-00475 (D. Haw. May 30, 2023). “§ 7703 (1)(B) and defined by 46 CFR 5.29.” The reference there to Dam’s having allowed a snorkler to be more than 100 feet from the Dauntless is a factual allegation.”
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