§ 2703. — Defenses to liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2703]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2703. Defenses to liability
(a) Complete defenses
A responsible party is not liable for removal costs or damages under
section 2702 of this title if the responsible party establishes, by a
preponderance of the evidence, that the discharge or substantial threat
of a discharge of oil and the resulting damages or removal costs were
caused solely by--
(1) an act of God;
(2) an act of war;
(3) an act or omission of a third party, other than an employee
or agent of the responsible party or a third party whose act or
omission occurs in connection with any contractual relationship with
the responsible party (except where the sole contractual arrangement
arises in connection with carriage by a common carrier by rail), if
the responsible party establishes, by a preponderance of the
evidence, that the responsible party--
(A) exercised due care with respect to the oil concerned,
taking into consideration the characteristics of the oil and in
light of all relevant facts and circumstances; and
(B) took precautions against foreseeable acts or omissions
of any such third party and the foreseeable consequences of
those acts or omissions; or
(4) any combination of paragraphs (1), (2), and (3).
(b) Defenses as to particular claimants
A responsible party is not liable under section 2702 of this title
to a claimant, to the extent that the incident is caused by the gross
negligence or willful misconduct of the claimant.
(c) Limitation on complete defense
Subsection (a) of this section does not apply with respect to a
responsible party who fails or refuses--
(1) to report the incident as required by law if the responsible
party knows or has reason to know of the incident;
(2) to provide all reasonable cooperation and assistance
requested by a responsible official in connection with removal
activities; or
(3) without sufficient cause, to comply with an order issued
under subsection (c) or (e) of section 1321 of this title or the
Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).
(Pub. L. 101-380, title I, Sec. 1003, Aug. 18, 1990, 104 Stat. 491.)
References in Text
The Intervention on the High Seas Act, referred to in subsec.
(c)(3), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended, which
is classified generally to chapter 28 (Sec. 1471 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1471 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 2702, 2704, 2708 of this
title.
