46 U.S.C. § 30307

Commercial aviation accidents

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(a)Definition.—In this section, the term “nonpecuniary damages” means damages for loss of care, comfort, and companionship.(b)Beyond 12 Nautical Miles.—In an action under this chapter, if the death resulted from a commercial aviation accident occurring on the high seas beyond 12 nautical miles from the shore of the United States, additional compensation is recoverable for nonpecuniary damages, but punitive damages are not recoverable.(c)Within 12 Nautical Miles.—This chapter does not apply if the death resulted from a commercial aviation accident occurring on the high seas 12 nautical miles or less from the shore of the United States.(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1512.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30307(a)	46 App.:762(b)(2).	Mar. 30, 1920, ch. 111, §§ 1(b), 2(b); as added Pub. L. 106–181, title IV, § 404(a)(2), (b)(2), Apr. 5, 2000, 114 Stat. 131.
30307(b)	46 App.:762(b)(1).
30307(c)	46 App.:761(b).

In subsections (b) and (c), the words “the United States” are substituted for “any State, or the District of Columbia, or the Territories or dependencies of the United States” because of the definition of “United States” in chapter 1 of the revised title.

In subsection (b), the words “of a decedent” are omitted as unnecessary.

In subsection (c), the words “if the death resulted from a commercial aviation accident occurring on the high seas” are substituted for “In the case of a commercial aviation accident, whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas” for consistency with subsection (b) and to eliminate unnecessary words. The words “and the rules applicable under Federal, State, and other appropriate law shall apply” are omitted as unnecessary.

Notes of Decisions

Cited in 14 cases (5 in the last 5 years), 2007–2023 · leading case: United States Aviation Underwriters, Inc. v. Pilatus Bus. Aircraft, Ltd., 582 F.3d 1131 (10th Cir. 2009).

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United States Aviation Underwriters, Inc. v. Pilatus Bus. Aircraft, Ltd., 582 F.3d 1131 (10th Cir. 2009). “, 46 U.S.C. § 30307 (creating admiralty wrongful death cause of action for commercial aviation accidents occurring on the high seas beyond twelve nautical miles from the shore of the United States); 43 U.”

Kennedy v. Carnival Corp., 385 F. Supp. 3d 1302 (S.D. Fla. 2019). “46 U.S.C. § 30307 . Accordingly, if Congress intended to provide such damages for other types of accidents under DOHSA, it could have done so.”

Helman v. Alcoa Global Fasteners, Inc., 637 F.3d 986 (9th Cir. 2011). · cites it 2× “This amendment was signed into law on April 5, 2000, and is codified in 46 U.S.C. § 30307 (2006). It provides that DOHSA “does not apply if the death resulted from a commercial aviation accident occurring on the high seas 12 nautical miles or less from the shore of the United…”

In Re Oil Spill by the Oil Rig \Deepwater Horizon\"", 808 F. Supp. 2d 943 (E.D. La. 2011). “Congress knows how to proscribe punitive damages when it intends to, as it did in the commercial aviation exception under the Death on the High Seas Act, 46 U.S.C. § 30307 (b) (“punitive damages are not recoverable”).”

Rux v. Repub. of Sudan, 495 F. Supp. 2d 541 (E.D. Va. 2007). “§§ 761(b) & 762(b)(1) and repealed and recodified at 46 U.S.C. § 30307 ). 20 . Moreover, Plaintiffs’ allegations that Freddie Triplett is a disabled dependent of decedent Andrew Triplett are not supported by the record.”

Wheelings Ex Rel. Est. of Seals v. Seatrade Groningen, BV, 516 F. Supp. 2d 488 (E.D. Pa. 2007). “…not recoverable under the Death on the High Seas Act, means "damages for loss of care, comfort, and companionship.” 46 U.S.C.A. § 30307 .”

Lasky v. Royal Caribbean Cruises, Ltd., 850 F. Supp. 2d 1309 (S.D. Fla. 2012). “The court shall apportion the recovery among those individuals in proportion to the loss each has sustained.” 46 U.S.C. § 30303 .”

Eberli v. Cirrus Design Corp., 615 F. Supp. 2d 1369 (S.D. Fla. 2009). · cites it 4× “, Ltd., had agreed to pay Mr. Schoder for the cost of such services.”

Murray v. AET Inc. Ltd (S.D.N.Y. 2022). · cites it 10× “§§ 761(b), 762(b)(1), or revised, 46 U.S.C. § 30307 ; the provision that the Long Island court interpreted applied equally to vessels and commercial airplanes.”

United States v. Brennan Marine, Inc., 123 F. Supp. 3d 1134 (D. Minnesota 2015). · cites it 2× “” 46 U.S.C. § 30307 (b). For purposes of this exception, DOHSA defines “nonpecuniary damages” to mean “damages for loss of care, comfort, and companionship.”

In re: Lion Air Flight JT 610 Crash (N.D. Ill. 2022). “249, 263-64 (1972) (“[I]t may be considered as settled today that [DOHSA] gives the federal admiralty courts jurisdiction of such wrongful-death actions” based on aircraft crashes into the high seas); see also 46 U.S.C. § 30307 (section of DOHSA governing commercial aviation…”

In re: Lion Air Flight JT 610 Crash (N.D. Ill. 2023). “249, 263-64 (1972) (“[I]t may be considered as settled today that [DOHSA] gives the federal admiralty courts jurisdiction of such wrongful-death actions” based on aircraft crashes into the high seas); see also 46 U.S.C. § 30307 (section of DOHSA governing commercial aviation…”

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