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Text of the Death
on the High Seas Act

From Title 46 of the U.S. Code


§ 761. Right of action; where and by whom brought
Whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a
marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United
States, the personal representative of the decedent may maintain a suit for damages in the district courts of the United States,
in admiralty, for the exclusive benefit of the decedent's wife, husband, parent, child, or dependent relative against the vessel,
person, or corporation which would have been liable if death had not ensued.
(Mar. 30, 1920, ch. 111, § 1, 41 Stat. 537.)
SHORT TITLE
Act Mar. 30, 1920, ch. 111, which enacted this chapter, is popularly know as the "Death on the High Seas Act".
CROSS REFERENCES
Death of plaintiff pending action, see section 765 of this Appendix.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 765 of this Appendix.
§ 762. Amount and apportionment of recovery
The recovery in such suit shall be a fair and just compensation for the pecuniary loss sustained by the persons for whose
benefit the suit is brought and shall be apportioned among them by the court in proportion to the loss they may severally
have suffered by reason of the death of the person by whose representative the suit is brought.
(Mar. 30, 1920, ch. 111, § 2, 41 Stat. 537.)
CROSS REFERENCES
Death of plaintiff pending action, see section 765 of this Appendix.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 765 of this Appendix.
§ 763a. Limitations
Unless otherwise specified by law, a suit for recovery of damages for personal injury or death, or both, arising out of a
maritime tort, shall not be maintained unless commenced within three years from the date the cause of action accrued.
(Pub. L. 96-382, § 1, Oct. 6, 1980, 94 Stat. 1525.)
Codification
Section was not enacted as part of act Mar. 30, 1920, known as the Death on the High Seas Act, which comprises this
chapter.
§ 764. Rights of action given by laws of foreign countries
Whenever a right of action is granted by the law of any foreign State on account of death by wrongful act, neglect, or default
occurring upon the high seas, such right may be maintained in an appropriate action in admiralty in the courts of the
United States without abatement in respect to the amount for which recovery is authorized, any statute of the United States to
the contrary notwithstanding.
(Mar. 30, 1920, ch. 111, § 4, 41 Stat. 537.)
§ 765. Death of plaintiff pending action
If a person die 1 as the result of such wrongful act, neglect, or default as is mentioned in section 761 of this Appendix during
the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such
act, neglect, or default, the personal representative of the decedent may be substituted as a party and the suit may proceed as
a suit under this chapter for the recovery of the compensation provided in section 762 of this Appendix.
__________
1 So in original. Probably should be "dies".
(Mar. 30, 1920, ch. 111, § 5, 41 Stat. 537.)
§ 766. Contributory negligence
In suits under this chapter the fact that the decedent has been guilty of contributory negligence shall not bar recovery, but the
court shall take into consideration the degree of negligence attributable to the decedent and reduce the recovery accordingly.
(Mar. 30, 1920, ch. 111, § 6, 41 Stat. 537.)
§ 767. Exceptions from operation of chapter
The provisions of any State statute giving or regulating rights of action or remedies for death shall not be affected by this
chapter. Nor shall this chapter apply to the Great Lakes or to any waters within the territorial limits of any State, or to any
navigable waters in the Panama Canal Zone.
(Mar. 30, 1920, ch. 111, § 7, 41 Stat. 538.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.
§ 768. Omitted
Codification
Section, act Mar. 30, 1920, ch. 111, § 8, 41 Stat. 538, provided that this chapter should not affect suits pending on Mar. 30,
1920.



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