Fairness for Fallen Sailors Act

Fairness for Fallen Sailors Act

This bill revises federal law relating to individuals who die from an accident on the high seas.

The bill amends current law to allow the personal representative of the estate of an individual whose death is caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States, to bring a civil action in admiralty or in law against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent's estate.

The recovery in an action shall be fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought (currently), the pre-death pain and suffering of the decedent, and non-pecuniary damages for the loss of care, comfort, and companionship of a family member of a decedent.

In an action related to death resulting from an aviation accident (under current law, this provision applies to commercial aviation accidents) occurring on the high seas beyond 12 nautical miles from the shore of the United States, additional compensation is recoverable for nonpecuniary damages, but punitive damages are not recoverable.