46 U.S.C. § 30304
Contributory negligence
In an action under this chapter, contributory negligence of the decedent is not a bar to recovery. The court shall consider the degree of negligence of the decedent and reduce the recovery accordingly.
Notes of Decisions
Cited in 2
cases, 2017–2020 · leading case: Esther Yang v. Dongwon Indus. Co., 876 F.3d 996 (9th Cir. 2017).
Esther Yang v. Dongwon Indus. Co., 876 F.3d 996 (9th Cir. 2017). “The complaints in both actions assert the same four claims against Dongwon and Majestic: (1) a survival action based on negligence for pre-death pain and suffering under the Jones Act, 46 U.S.C. § 30304 ; (2) a wrongful death action under general maritime law; (3) a wrongful…”
Nicole Van Dorn Preston as Surviving Spouse & Pers. Rep. for the Est. of Lt. J. Wesley Van Dorn, USN, Amy Snyder, as Surviving Spouse & Pers. Rep. for the Est. of Lt. Sean Christopher Snyder, USN, Cheyenne Collins, as Surviving Spouse & Pers. Rep. for the Est. of Petty Officer 3rd Class Brian Andrew Collins, USN, & Petty Officer 2nd Class Dylan Morgan Boone, USN v. M1 Support Servs., L.P. (Tex. App. 2020). “See 46 U.S.C.A. § 30304 . 28 property damage in a maritime collision or stranding, liability for such damage is to be allocated among the parties proportionately to the comparative degree of their fault, and that liability for such damages is to be allocated equally only when…”
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