South Dakota Injury Law
South Dakota Personal Injury
Death on the High Seas Act
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South Dakota: Admiralty Maritime Law
When a sea worker dies as a result of employer negligence or an unworthy sea vessel, the deceased’s family can collect damages under the Death on High Seas Act (DOHSA). The family usually receives damages for lost wages incurred by the seaman’s death. Death on High Seas Act lawsuits in South Dakota must begin within three years of the death. The law only applies to deaths occuring more than 3 miles from shore.
The Death on High Seas Act has also been applied to victims of airplane crashes. The crash of TWA Flight 800 took many lives, including children. Because parents cannot reasonably collect economic damages after the loss of a child, Congress amended the Act to allow for the collection of damages for loss of companionship, care and consortium. The Death on High Seas Act does not, however, pertain to aviation accidents within 12 miles of the U.S. shore.
The details of the Death on High Seas Act can be complicated. Contact a maritime lawyer in South Dakota for help understanding this law if your loved one has died at sea.