Section 11.41 Vessels Within Scope of Limited Liability Act

• Library: Tort Law 2016

C. (§11.41) Vessels Within Scope of Limited Liability Act

The LLA extends to all vessels used on the high seas, on lakes, on rivers, or in inland navigation, including canal boats, barges, and lighters. While the U.S. Supreme Court has not decided whether the LLA extends to pleasure craft, support for the position that it does cover recreational vessels may be garnered from the fact that, on several occasions, the U.S. Supreme Court has addressed other issues under the LLA in cases before it involving recreational vessels without questioning whether those vessels would fall under the provisions of the LLA. See Coryell v. Phipps, 317 U.S. 406 (1943); Just v. Chambers, 312 U.S. 383 (1941). But there continues to be a split of authority on the issue in lower courts, although there seems to be stronger support in favor of applying the LLA to pleasure craft.

The following cases held that the LLA applies to pleasure...