22 U.S.C. § 3773

Measure of damages generally

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In determining the amount of the award of damages for injuries to a vessel for which the Commission is determined to be liable, there may be included—(1) the actual or estimated cost of repairs;(2) charter hire actually lost by the owners, or charter hire actually paid, depending upon the terms of the charter party, for the time the vessel is undergoing repairs;(3) maintenance of the vessel and wages of the crew, if they are found to be actual additional expenses or losses incurred outside of the charter hire; and(4) other expenses which are definitely and accurately shown to have been incurred necessarily and by reason of the accident or injuries.Agent’s fees, or commissions, or other incidental expenses of similar character, or any items which are indefinite, indeterminable, speculative, or conjectural may not be allowed. The Commission shall be furnished such vouchers, receipts, or other evidence as may be necessary in support of any item of a claim. If a vessel is not operated under charter but by the owner directly, evidence shall be secured if available as to the sum for which vessels of the same size and class can be chartered in the market. If the charter value cannot be determined, the value of the vessel to its owners in the business in which it was engaged at the time of the injuries shall be used as a basis for estimating the damages for the vessel’s detention; and the books of the owners showing the vessel’s earnings about the time of the accident or injuries shall be considered as evidence of probable earnings during the time of detention. If the books are unavailable, such other evidence shall be furnished as may be necessary.(Pub. L. 96–70, title I, § 1413, Sept. 27, 1979, 93 Stat. 486.)

Notes of Decisions

Cited in 3 cases, 1989–2009 · leading case: Patricia McGehee Wife Of/& W.R. McGehee v. The Panama Canal Comm'n & S/s Texaco Kentucky, in Rem, 872 F.2d 1213 (5th Cir. 1989).

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Patricia McGehee Wife Of/& W.R. McGehee v. The Panama Canal Comm'n & S/s Texaco Kentucky, in Rem, 872 F.2d 1213 (5th Cir. 1989). “Section 1413, 22 U.S.C. § 3773 , provides in relevant part: Measure of damages generally In determining the amount of the award of damages for injuries to a vessel for which the Commission is determined to be liable, there may be included— (1) the actual or estimated cost of…”

J.J.C. Boats, Inc. v. Hlywiak, 613 F. Supp. 2d 647 (D.N.J. 2009). “The court further supported this general rule by reference to 22 U.S.C. § 3773 , a statute specifically pertaining to actions in the Panama Canal, which is where the fire in Galapagos occurred.”

In Re Hlywiak, 613 F. Supp. 2d 647 (D.N.J. 2009). “[9] The court further supported this general rule by reference to 22 U.S.C. § 3773 , a statute specifically pertaining to actions in the Panama Canal, which is where the fire in Galapagos occurred.”

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