G. (§11.21) Wrongful Death
In The Harrisburg, 119 U.S. 199 (1886), the U.S. Supreme Court held that, in the absence of an applicable federal or state statute, general federal maritime law did not provide for a wrongful death cause of action to the survivors of individuals killed on the high seas or waters navigable from the sea. In 1920, Congress enacted the DOHSA (Death on the High Seas Act), 46 U.S.C. §§ 30301 et seq. (formerly cited as 46 App. U.S.C. §§ 761 et seq.), which repudiated the rule of The Harrisburg for maritime deaths occurring beyond state territorial waters by providing for a federal maritime remedy for wrongful deaths occurring more than 3 miles from shore. In 1988, President Reagan issued a proclamation establishing the boundary for United States territorial waters at 12 nautical miles (an extension from the traditional 3 miles). See Proclamation No. 5928, 54 Fed. Reg. 777 (Dec. 27, 1988). The Second Circuit held that this proclamation changed the DOHSA boundary from 3 miles to 12 miles. See In re Air Crash Off Long Island, N.Y., on July 17, 1996, 209 F.3d 200, 215 (2nd Cir. 2000).
DOHSA permits the personal representative of a decedent to maintain an action in admiralty for death...
