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Congresswoman Veronica Escobar (TX-16), member of the House Armed Services Committee, announced the introduction of H.R. 5584, the Fairness for Fallen Sailors Act. This legislation amends the antiquated Death on the High Seas Act (DOHSA) to create equity between the families that lose a loved one on the high seas and other families suffering from a similar tragedy on land.

Under DOHSA, families who have lost a loved one in a disaster on the high seas are prohibited from recovering anything but the lost income or wages for those who are economically dependent upon the decedent. This inadequate remedy does little to provide compensation for those who die as a result of negligence, especially victims who are children, single or retired. For example, families of fallen sailors, including the family of El Paso native U.S. Navy Interior Communications Electrician 1st Class Abraham Lopez who was killed while serving on the USS John S McCain, have no remedy for the loss of their son from the tragic collision unless DOHSA is amended.

“I am proud to introduce the Fairness for Fallen Sailors Act to right the wrongs and honor the sacrifices of our fallen servicemembers and their families,” said Congresswoman Escobar. “By amending outdated maritime laws, we will protect and provide much needed equity to the families of the sailors killed in tragic collisions like the USS John S. McCain, which killed ten brave servicemembers, including El Pasoan IC1 Abraham Lopez.”

“We applaud Congresswoman Escobar for introducing this long-overdue legislation that would fix the inadequacies of our country's outdated maritime laws,” said Linda Lipsen, CEO of the American Association for Justice. “Maritime passengers, including servicemembers and their families, who die at sea from negligent wrongdoing deserve the same legal rights as people killed anywhere else.”

The Fairness for Fallen Sailors Act would amend the existing remedies available for victims killed by misconduct on the high seas to include non-pecuniary damages as well as pecuniary damages. Non-pecuniary damages, also known as non-economic damages, include critical recoveries for loss of companionship and consortium, as well as pain and suffering.

Traditionally, if misconduct resulting in death were to occur on land, the family of the victim would be entitled to both pecuniary and non-pecuniary damages. DOHSA on the other hand, only allows for pecuniary damages for deaths on the high seas. The Fairness for Fallen Sailors Act ensures that the families of deceased loved ones will be made whole, regardless of where the misconduct occurred.

This legislation builds on Congresswoman Escobar’s work in the House Armed Services Committee to honor our heroes and improve the lives of servicemembers and their families.

To view the bill text, click here. 

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