U.S. Code
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Title 46
» Subtitle Subtitle III— Maritime Liability › Chapter CHAPTER 305— EXONERATION AND LIMITATION OF LIABILITY › Subchapter SUBCHAPTER II— EXONERATION AND LIMITATION OF LIABILITY
46 U.S.C. § 30523
General limit of liability
(a)In General.—Except as provided in section 30524 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owner’s proportionate interest in the vessel and pending freight.(b)Claims Subject to Limitation.—Unless otherwise excluded by law, claims, debts, and liabilities subject to limitation under subsection (a) are those arising from any embezzlement, loss, or destruction of any property, goods, or merchandise shipped or put on board the vessel, any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner.(c)Wages.—Subsection (a) does not apply to a claim for wages.(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513, § 30505; renumbered § 30523 and amended Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), (f)(2), Dec. 23, 2022, 136 Stat. 4130, 4131.)Historical and Revision Notes |
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30505 | 46 App.:183(a). | R.S. § 4283(a); Aug. 29, 1935, ch. 804, § 1, 49 Stat. 960; June 5, 1936, ch. 521, § 1, 49 Stat. 1479. |
| 46 App.:189 | June 26, 1884, ch. 121, § 18, 23 Stat. 57. |
In subsection (a), the words “Except as provided in section 30506 of this title” are substituted for “except in the cases provided for in subsection (b) of this section” because 46 App. U.S.C. 183(b) is restated in section 30506 of the revised title. The words “whether American or foreign” are omitted as unnecessary because of section 30502 of the revised title. The words “shall not exceed the value of the vessel and pending freight” are substituted for “shall not . . . exceed the amount or value of . . . such vessel, and her freight then pending” in 46 App. U.S.C. 183(a) and for “the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending” in 46 App. U.S.C. 189 for consistency and to eliminate unnecessary words. The last sentence is substituted for “the interest of such owner in” in 46 App. U.S.C. 183(a) and for “The individual liability of a shipowner shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole” in 46 App. U.S.C. 189 for clarity and consistency. The words “Provided, That this provision shall not prevent any claimant from joining all the owners in one action” in 46 App. U.S.C. 189 are omitted as unnecessary.
Subsection (c) is substituted for “nor shall the same apply to wages due to persons employed by said shipowners” in 46 App. U.S.C. 189 because of the reorganization of the source provisions.
Editorial NotesAmendments2022—Pub. L. 117–263, § 11503(a)(3), renumbered section 30505 of this title as this section.
Subsec. (a). Pub. L. 117–263, § 11503(f)(2), substituted “section 30524” for “section 30506”.
Notes of Decisions
Wooley v. N&W Marine Towing, 90 F.4th 724 (5th Cir. 2024).
“§ 30505 was renumbered as 46 U.S.C. § 30523 , and 46 U.S.C. § 30511 was renumbered as 46 U.”
Live Life Bella Vita, LLC v. Cruising Yachts, Inc., 115 F.4th 1188 (9th Cir. 2024).
· cites it 2× “” 46 U.S.C. § 30523 (a)–(b). Basically, the Limitation Act provides that a shipowner is not responsible for losses exceeding the value of the vessel and pending freight.”
In the Matter of the Complaint of William Martz (D. Alaska 2023).
· cites it 3× “The Alaska Supreme Court has explained that as a general rule, the owner of a vehicle is liable for negligent entrustment if the owner knowingly supplies, entrusts, permits, or lends their vehicle to an “incompetent or habitually careless driver.”
In Re: Hilcorp Energy Co. (E.D. La. 2023).
· cites it 3× “shall not exceed the value of the vessel and pending freight”, with liabilities described as “any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner.”
In Re: In the Matter of the Complaint of Verplanck Fire Dist. (2d Cir. 2026).
· cites it 3× “Having previously obtained compensation under New York’s Volunteer Firefighters’ Benefit Law, Dyckman filed this claim in response to the Fire District’s petition in the United States district court to limit its liability to the value of the vessel pursuant to the Limitation of…”
Tran v. Doe (N.D. Ill. 2023).
· cites it 2× “The AquaVida’s alleged owners, Theresa Tran and Chicago AquaLeisure, LLC (collectively “limitation plaintiffs”), filed a complaint in this court on November 18, 2022, under the Limitation of Shipowners’ Liability Act (“Limitation Act”), 46 U.S.C. § 30523 (West eff. Dec. 23,…”
In Re: Rymer (N.D. Ill. 2024).
· cites it 2× “” 46 U.S.C. § 30523 (b). “[P]rivity as used in the statute means some personal participation of the owner in the fault or negligence which caused or contributed to the loss or injury.”
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