Eleven workers died in the Deepwater Horizon platform explosion on April 20. Under longstanding admiralty laws, their dependents can recover only pecuniary damages — primarily lost wages — from the companies that may be responsible for the disaster; damages for dependents’ pain and suffering are not available. But a bill pending in Congress could change that, bringing maritime law into the 21st century.
On Aug. 5, U.S. Sen. Jay Rockefeller, D-W.V., introduced S. 3755, the Fairness in Admiralty and Maritime Law Act (FAMLA). The thrust of the bill, which currently is in committee, is to amend the Death on the High Seas Act (DOHSA) of 1920 and repeal the Limitation of Liability Act of 1851 (LOLA) to permit nonpecuniary damages for dependents of those killed in international waters. These laws have been the backbone for determining economic recovery on behalf of those who have perished at sea. If passed, the FAMLA would be retroactive to April 19, the day before the DH explosion.
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