46 U.S. Code § 30706 - Defenses
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(a) Due Diligence.— If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.
(b) Other Defenses.— A carrier and the vessel are not liable for loss or damage arising from—
Source(Pub. L. 109–304, § 6(c),Oct. 6, 2006, 120 Stat. 1517.)
|Revised Section||Source (U.S. Code)||Source (Statutes at Large)|
|Feb. 13, 1893, ch. 105, § 3, 27 Stat. 445.|
This section is restated as two subsections to clarify that the exercise of due diligence in making the vessel seaworthy is a condition only to the defense of error in navigation or management restated in subsection (a). See May v. Hamburg-Amerikanische Packetfahrt Aktiengesellschaft (The Isis), 290 U.S. 333, 353 (1933). The words “transporting merchandise or property to or from any port in the United States of America” are omitted because of section 30702(a) of the revised title.