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When Does the Death on the High Seas Act (DOHSA) Apply?

When maritime workers go to sea, they face both excitement and dangers. Whether on an oilrig, aboard a ship or on a fishing vessel, the risks for serious accidents and even death are always present. Because of their unique on-the-job situations, maritime workers are protected by various legal actions, including the Death on the High Seas Act (DOHSA).

The Death on the High Seas Act provides legal compensation to the families of those who die while at sea. This legislation was enacted in 1920 and covers all those deaths that occur at least "a marine league" (three miles) off any United States shore, including any US dependencies.

There are very specific stipulations in a DOHSA lawsuit:

  • It must be proven that a "wrongful act, neglect or default occurring on the high seas" caused the death. If this is the case, survivors including the spouse, parent, child or other dependent relative can bring a lawsuit against the liable person, vessel or company.
  • Any legal suit must be brought with three years of the death and recovery of losses "shall be a fair and just compensation for the pecuniary loss [damages] sustained by the persons for whose benefit the suit is brought."
  • If the person who has died (decedent) was in some part responsible for the accident, the lawsuit can be filed, but the court must determine how much negligence was his or her fault and "reduce the recovery accordingly."
  • If a plaintiff in another maritime lawsuit for damages dies before the trial is finished because of injuries on the high sea, the survivors may continue suit under the DOHSA.

While other maritime legislation also protects the families of those killed at sea, the Death on the High Seas Act is still contended in US courts today. Some argue that it has lost its effectiveness, including the families of those lost in the BP disaster, but this early 20th century law still stands.

If you have lost a loved one at sea, you need to consult a legal maritime expert so you do not lose your rights under this act. To find out if you qualify for survivor damages under the DOHSA, contact Louisiana maritime law experts, The Young Firm. Although we are located in Louisiana, we take cases throughout the Gulf Coast and across the United States. Call us today toll free at 866-938-6113 to get started.