Offshore work comes with unique dangers that people on land do not usually face. Workers are exposed to risks from their jobs, as well as isolation, severe weather, and transportation hazards.
The federal Death on the High Seas Act (DOHSA) was created to help families of maritime workers and passengers who die in international waters. It provides a way for families to seek compensation after losing a loved one due to wrongful death.
Who Can Recover Compensation Under the Death on the High Seas Act
Unlike the Jones Act, which only addresses occupational injuries suffered by qualifying seamen, DOHSA is not limited to work-related deaths and is often invoked when passengers on vessels or crafts are killed in waters outside of state jurisdiction.
The law authorizes the personal representative of a decedent to bring a civil action in admiralty against the person or vessel responsible for the death when the following two conditions are present:
- A wrongful act, neglect, or default caused the death.
- The accident took place beyond 3 nautical miles* from the United States shoreline.
Most U.S. coastal states’ jurisdiction ends 3 nautical miles from the coastline. Texas and Florida are exceptions to the general rule. State jurisdiction in Texas extends 9 nautical miles into the Gulf of America. Therefore, DOHSA does not apply until an accident occurs beyond 9 nautical miles from the coast of Texas.
Claims for damages must generally be brought within 3 years of the accident, and recovery is for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative. Family members are allowed to collect ‘fair compensation’ for tangible financial losses.
The Death on the High Seas Act gives eligible family members a path to seek compensation after a loved one’s wrongful death offshore.
How DOHSA Liability Is Established
The basis for liability under DOHSA is negligence. A claimant must establish that the responsible party failed to use reasonable care to keep the decedent safe. Common DOHSA negligence claims can include:
- Failure to implement or follow safety protocols
- Inadequate training
- Defective equipment
- Failure to properly maintain equipment
- Lack of supervision
- Vessel not seaworthy
- Substandard medical care
A decedent’s contributory negligence is not a bar to recovery under DOHSA. However, the court will consider the degree of a decedent’s negligence and reduce any recovery accordingly.
Damages Available to Families of a Decedent Under DOHSA
Non-economic damages cannot be recovered under the federal law. DOHSA damages are limited to economic losses such as the following:
- Loss of financial support
- Loss of household services
- Medical expenses
- Funeral and burial costs
- Loss of guidance and care for minor children
Families are not typically compensated for their grief and emotional distress or the loss of the decedent’s companionship and affection.
Commercial Aviation Accident Exception
There is an exception when a decedent dies in a commercial aviation accident that occurs beyond 12 nautical miles from the shore of the U.S. In those instances, family members are entitled to collect non-economic damages for experiencing the loss of care, comfort, and companionship of the decedent. Punitive damages are not recoverable.
DOHSA does not apply to commercial aviation accidents that occur within 12 nautical miles of the Texas coastline. State law and general maritime law will apply.
More Questions Regarding DOSHA?
If you have questions regarding the death on the high seas act, contact us today to schedule a free consultation. Consulting a death on the high seas act lawyer will be of tremendous advantage in developing a strategy to obtain the most beneficial recovery.
