46 U.S.C. § 30527

Provisions limiting liability for personal injury or death

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(a)Prohibition.—(1)In general.—The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting—(A) the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or(B) the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.(2)Voidness.—A provision described in paragraph (1) is void.(b)Emotional Distress, Mental Suffering, and Psychological Injury.—(1)In general.—Subsection (a) does not prohibit a provision in a contract or in ticket conditions of carriage with a passenger that relieves an owner, master, manager, agent, operator, or crewmember of a vessel from liability for infliction of emotional distress, mental suffering, or psychological injury so long as the provision does not limit such liability when the emotional distress, mental suffering, or psychological injury is—(A) the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator;(B) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or(C) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator.(2)Sexual offenses.—This subsection does not limit the liability of a crewmember or the owner, master, manager, agent, or operator of a vessel in a case involving sexual harassment, sexual assault, or rape.(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1514, § 30509; renumbered § 30527, Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), Dec. 23, 2022, 136 Stat. 4130.)

Historical and Revision Notes
30509	46 App.:183c.	R.S. § 4283B, as added June 5, 1936, ch. 521, § 2, 49 Stat. 1480; Oct. 19, 1996, Pub. L. 104–324, § 1129(b), 110 Stat. 3984.

Historical and Revision Notes

30509

46 App.:183c.

R.S. § 4283B, as added June 5, 1936, ch. 521, § 2, 49 Stat. 1480; Oct. 19, 1996, Pub. L. 104–324, § 1129(b), 110 Stat. 3984.

In subsection (a)(1), before subparagraph (A), the words “may not” are substituted for “It shall be unlawful” for consistency in the revised title and with other titles of the United States Code. The words “rule” and “agreement” are omitted as covered by “regulation” and “contract”, respectively. The words “a provision limiting” are substituted for “any provision or limitation (1) purporting . . . to relieve . . . , or (2) purporting . . . to lessen, weaken, or avoid” to eliminate unnecessary words. In subparagraph (A), the words “the owner’s employees or agents” are substituted for “his servants” for consistency in the revised title. In subparagraph (B), the words “on the question of liability for such loss or injury, or the measure of damages therefor” are omitted as unnecessary.

Subsection (b)(2) is substituted for 46 App. U.S.C. 183c (last sentence) for consistency and to eliminate unnecessary words.

Editorial NotesAmendments

2022—Pub. L. 117–263 renumbered section 30509 of this title as this section.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2023–2025 · leading case: William Ehart, Jr. v. Lahaina Divers, Inc., 92 F.4th 844 (9th Cir. 2024).

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William Ehart, Jr. v. Lahaina Divers, Inc., 92 F.4th 844 (9th Cir. 2024). · cites it 20× “The district court struck the defense on the basis that the liability waivers were void under 46 U.S.C. § 30527 (a), which prohibits certain liability waivers regarding “vessel[s] transporting passengers between ports * This summary constitutes no part of the opinion of the…”

Rioux v. Carnival Corp. (S.D. Fla. 2023). “Plaintiff further replies that the fact that discovery may reveal 4 46 U.S.C. § 30527 (a)(1)(A) provides in relevant part, The owner, .”

Lalusis v. NCL (Bahamas) Ltd (S.D. Fla. 2024). “In 46 U.S.C. § 30527—formerly 46 U.S.C. § 30509 and, before that, 46 U.”

Masse v. MSC Cruises, S.A. (S.D. Fla. 2025). “46 U.S.C. § 30527 (a)(1). “This statutory prohibition applies to passenger cruise ship companies attempting to disclaim or limit their liability for injuries to passengers based upon their own negligence.”

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