DOHSA claims are legally distinct because they are governed by a standalone federal statute that applies only to deaths occurring on the high seas.

Unlike other maritime wrongful death claims, DOHSA strictly limits who may recover damages and what types of damages are available. When the statute applies, it displaces state wrongful death law and alters both liability analysis and recovery.

The location of the incident—specifically whether it occurred beyond three nautical miles—is often the threshold issue that determines whether DOHSA controls the claim.

DOHSA claims are categorized based on the maritime activity involved, rather than the type of vessel alone.

The categories below reflect common situations where DOHSA applies.

Liability in DOHSA claims depends on whether the death was caused by wrongful act, neglect, or default attributable to a responsible party.

Courts examine conduct such as operational decisions, safety practices, equipment condition, and compliance with applicable maritime duties. DOHSA does not create strict liability; claimants must establish fault under maritime negligence principles.

When multiple acts contribute to the fatality, liability may be apportioned among responsible parties under maritime fault principles.

DOHSA applies based on where a death occurs, not on the type of vehicle involved. As a result, the statute can govern wrongful death claims arising from aviation accidents over the high seas, even though the incident itself is also subject to aviation law.

In these cases, aviation law is used to evaluate what went wrong—such as pilot error, maintenance failures, or defective aircraft components—because aviation regulations govern how aircraft are operated and maintained. DOHSA, however, controls what remedies are available to surviving family members when the death occurs more than three nautical miles from shore.

This means both bodies of law may apply at the same time. Aviation law determines fault and responsibility, while DOHSA determines who may bring a wrongful death claim and what damages may be recovered. When DOHSA applies, it replaces state wrongful death law and limits recovery to economic losses, even if aviation negligence is clearly established.

Understanding this distinction is critical in offshore aviation fatalities, where the location of the crash (not the nature of the aircraft) often determines the scope of recovery.

DOHSA claims are limited to pecuniary losses, meaning economic damages suffered by qualifying beneficiaries.

Recoverable damages may include loss of financial support, loss of services, and funeral expenses. Non-economic damages, such as pain and suffering or loss of companionship, are generally not recoverable under DOHSA.

To pursue a claim, the death must be causally connected to negligent or wrongful conduct occurring on the high seas and must fall within the statute’s geographic scope.

DOHSA claims may involve different responsible parties depending on the activity that led to the fatal incident.

Owners or operators may be liable for unsafe vessel conditions, poor operational decisions, or failure to address known risks during offshore operations.

Liability may arise when fatal aircraft incidents over the high seas involve negligent operation, maintenance failures, or unsafe flight decisions.

Companies engaged in offshore drilling, construction, or support operations may be liable for safety failures affecting workers or passengers.

Liability may extend to manufacturers when defective equipment or systems contribute to a fatal offshore incident.

Responsibility often depends on who controlled the activity or equipment that caused the death.

Several practical factors frequently influence how DOHSA claims are resolved:

• Precise Location of the Incident – Whether the death occurred beyond three nautical miles is often decisive and may require technical evidence.

• Identification of Proper Beneficiaries – Only certain family members may recover under DOHSA, and disputes over dependency can affect damages.

• Availability of Economic Loss Evidence – Financial records, employment history, and support documentation often determine recoverable damages.

• Preservation of Offshore Evidence – Evidence from offshore incidents may be difficult to secure, making early documentation critical.

• Interaction With Other Maritime Statutes – In some cases, determining whether DOHSA or another maritime statute applies is contested and outcome-determinative.

These factors frequently shape recovery even when liability is established.

DOHSA claims represent one maritime wrongful death framework, but other statutes and doctrines may apply depending on status and location.

Related maritime categories include:

Each category applies different legal standards and remedies.

DOHSA claims may intersect with other legal areas in limited ways.

• Wrongful Death Law – where DOHSA replaces state wrongful death remedies.
• Product Liability Law – when defective equipment contributes to offshore fatalities.
• Aviation Accident Law – when deaths result from aircraft incidents over the high seas.

These areas are applied through DOHSA’s statutory framework rather than ordinary state law.

DOHSA claims provide a specific legal framework for addressing wrongful deaths occurring on the high seas. The statute’s geographic trigger, limited damages, and restricted beneficiary rules distinguish these claims from other maritime and land-based wrongful death cases.

Understanding when DOHSA applies and how it limits recovery is essential to properly evaluating offshore fatality claims under maritime law.