U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part A— General Provisions › Chapter CHAPTER 23— OPERATION OF VESSELS GENERALLY

46 U.S.C. § 2303

Duties related to marine casualty assistance and information

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 46 CasesGoogle Scholar
(a) The master or individual in charge of a vessel involved in a marine casualty shall—(1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master’s or individual’s vessel or to individuals on board; and(2) give the master’s or individual’s name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged.(b) An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine.(c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

2303(a)

33:367

46:1465(a)

2303(b)

33:368

2303(c)

46:1465(b)

Section 2303 requires a master or anyone in charge of a vessel to provide assistance and render aid to those involved in a marine casualty and to exchange information in a manner similar to automobile accident cases. It also includes a “Good Samaritan” clause that exonerates anyone from liability when rendering assistance in an ordinary, reasonable, or prudent manner.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1985–2023 · leading case: Kevin Lovuolo & Antonio Musto v. John Gunning & Elaine Gunning, 925 F.2d 22 (1st Cir. 1991).
Sort: Relevance Newest Treatment
Kevin Lovuolo & Antonio Musto v. John Gunning & Elaine Gunning, 925 F.2d 22 (1st Cir. 1991). · cites it 5× “” Plaintiffs LoVuolo and Musto appeal the district court’s application of law, its apportionment of liability, its damage awards for personal injuries and its findings regarding Defendant John Gunning’s failure to assist plaintiffs at the time of collision as required by 46…”
Matheny v. Tennessee Valley Auth., 523 F. Supp. 2d 697 (M.D. Tenn. 2007). · cites it 4× “The Failed Rescue The defendant has identified 46 U.S.C. § 2303 (a)(1) as providing the applicable standard of care for the claims arising from its alleged failure to adequately rescue the decedent, whereas the plaintiff has identified 46 U.”
Marilyn E. Berg, Pers. Rep. of the Est. of Ogie Berg v. Chevron U.S.A., Inc., 759 F.2d 1425 (9th Cir. 1985). · cites it 2× “Section 1465(a) is now codified at 46 U.S.C. § 2303 (a). 2 . Section 1465(b) is now codified at 46 U.”
B & a Marine Co., Inc. v. Am. Foreign Shipping Co., Inc. & Harry W. Marshall, 23 F.3d 709 (2d Cir. 1994). “Lack of Competitive Bidding B & A also contends, relying on 46 U.S.C. § 2303 (a), that AFS could not properly be found to be an employee under the FTCA because it was not hired through competitive bidding.”
Matthews v. Howell, 753 A.2d 69 (Md. 2000). “Duties related to marine casualty assistance and information (a) The master or individual in charge of a vessel involved in a marine casualty shall— (1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine…”
Hunley v. Ace Mar. Corp., 927 F.2d 493 (9th Cir. 1991). · cites it 3× “§§ 1601-1608 (1988), by not avoiding the collision (the duty of the nonprivileged vessel in an overtaking or crossing situation) by failing to keep a lookout, by failing to sound a danger signal when collision was imminent, and by failing to stand by and render assistance, as…”
Arabian Am. Oil Co. v. Hellenic Lines, Ltd., 633 F. Supp. 659 (S.D.N.Y. 1986). “599 , and as amended, recodified at 46 U.S.C. §§ 2303 , 2304 (Supp. I 1983). 6 .”
Bach v. Trident Shipping Co., Inc., 708 F. Supp. 776 (E.D. La. 1989). “As support for the duty to provide aid to Bach, plaintiffs cite 46 U.S.C. § 2303 (a), which applies when "a vessel [is] involved in a marine casualty.”
M/V E. Grace v. Lentz, 712 F. Supp. 801 (D. Or. 1988). · cites it 4× “46 U.S.C. § 2303 . The M/V EASTERN GRACE failed to fulfill maritime duty.”
McHenry v. Asylum Ent. Delaware, LLC (Cal. Ct. App. 2020). “” ( 46 U.S.C. § 2303 , subd. (a); 46 C.F.R. § 4.”
In Re: Falcon Global Offshore II LLC (E.D. La. 2023). “17 46 U.S.C. § 2303 . 6 risk to Mr. Warren over what it would have been had DJS not engaged in the undertaking at all.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.