Legal Definitions - DOHSA

The Death on the High Seas Act (DOHSA) is a federal law in the United States that provides a legal framework for claims arising from the wrongful death of an individual occurring on the high seas. This law applies when a death is caused by a wrongful act, neglect, or default happening beyond three nautical miles from the shore of any U.S. state or territory. It allows the personal representative of the deceased to bring a lawsuit on behalf of specific beneficiaries, such as a spouse, child, or parent, to recover damages primarily for their financial losses resulting from the death.

Here are some examples illustrating how DOHSA might apply:

• Commercial Shipping Accident: A crew member working on a cargo ship traveling from Europe to the U.S. tragically dies when a crane boom collapses due to a mechanical failure that could have been prevented with proper maintenance. The incident occurs over 1,000 miles off the coast of New York in international waters. The crew member's family, residing in the U.S., seeks to recover damages from the shipping company.

  How it illustrates DOHSA: This scenario falls under DOHSA because the death was wrongful (due to alleged negligence in maintenance) and occurred on the high seas (well beyond the three-nautical-mile limit from any U.S. shore). DOHSA would govern the family's ability to sue for their financial losses, such as lost wages and support.

• Cruise Ship Passenger Fatality: During a cruise in the Caribbean, a passenger suffers a fatal heart attack after the ship's medical staff allegedly misdiagnosed a severe condition and failed to provide appropriate emergency care. The incident takes place while the ship is sailing in international waters, far from any national coastline.

  How it illustrates DOHSA: DOHSA would apply here because the death is attributed to a wrongful act or neglect (medical malpractice) by the cruise line's staff, and it occurred on the high seas. The deceased passenger's eligible beneficiaries could pursue a claim under DOHSA to recover pecuniary damages resulting from the death.

• Offshore Oil Rig Incident: An engineer working on an offshore oil platform located 100 miles off the coast of Louisiana is killed when an explosion occurs due to a faulty gas line. Investigations reveal that the company operating the rig had neglected safety inspections and maintenance protocols for several months.

  How it illustrates DOHSA: This situation is covered by DOHSA because the death was caused by a wrongful act or default (negligent maintenance and safety protocols) and happened on the high seas (beyond the three-nautical-mile territorial limit). The engineer's estate would likely bring a DOHSA claim against the responsible parties for the financial impact of the death on the beneficiaries.