follow the tragic loss of Notion live plank—fired off the coast of California in September 2019, claiming the lives of 34 people—U.S. lawmakers are debating new legislation to help prevent such disasters from recurring. Rep. Salud Carbajal and Senator Dianne Feinstein (both of California) led the lawsuit, are the authors of Small Passenger Ship Safety Actfocuses on improving safety features on small ships and becomes law in 2021.
But Carbajal and Feinstein didn’t stop there, introducing a new bill in September 2021 changing the 1851 law that could prevent marine accident victims and their families from receiving compensation from those responsible. about the accident. That 172-year-old law limits claims to the value of a boat, so if a boat is lost and is practically worth nothing, the owner of the ship may not be financially responsible. for any loss—including loss of life. The bill, called Small Passenger Ship Liability Fairness Act, has been drafted in consultation with the Coast Guard and the Department of Justice and allows a claim, regardless of the value of the boat. It also increased the length of time victims could file claims, from six months to two years.
However, not everyone is happy about the new liability requirement for small vessel operators, which is included in the recently passed National Defense Authorization Act (NDAA). Diving Equipment & Marketing Association (DEMA) says New law threatens diving operators and their employeesand are urging people to contact their U.S. House Representative and Senator, explain how NDAA Section 11503 is negatively impacting small vessel operators and request a repeal of the requirement. on legal liability.
DEMA says that “[c]This suspension of liability will likely benefit plaintiffs’ personal injury attorneys but is unlikely to further improve the safety of small passenger ships.” “Currently, owners of small passenger ships, including submersible owners, have to pay huge liability insurance premiums. Current limits on liability are factored into these rates.” argument organization. “This change in liability limits—targeting only owners of small passenger ships—will necessarily cause a significant increase in liability coverage rates for businesses this little one.”
It seems unlikely that the liability requirement will be repealed and dive operators using small passenger ships as part of their diving business will have to prepare for significant increases. included in their premiums—perhaps with additional costs passed on to divers.
