Code of Federal Regulations · Section
§ 536.120 — Claims Payable As Maritime Claims
32 C.F.R. § 536.120
A claim is cognizable under this subpart if it arises in or on a maritime location, involves some traditional maritime nexus or activity, and is caused by the wrongful act or omission of a member of the U.S. Army, Department of Defense (DOD) or DA civilian employee, or an agent thereof, while acting within the scope of employment. This class of claims includes, but is not limited to:
(a) Damage to a ship, boat, barge, or other watercraft;
(b) An injury that involves a ship, boat, barge, or other watercraft;
(c) Damage to a wharf, pier, jetty, fishing net, farm facilities or other structures in, on, or adjacent to any body of water;
(d) Damage or injury on land or on water arising under the AEA and allegedly due to operation of an Army-owned or leased ship, boat, barge, or other watercraft;
(e) An injury that occurs on board an Army ship, boat, barge or other watercraft; and
(f) Crash into water of an Army aircraft.
Authorizing Statute
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Settlement: final and conclusive10 U.S.C. § 2735
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Cooperation with other Government agencies39 U.S.C. § 411
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Art. 139. Redress of injuries to property10 U.S.C. § 939
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Property loss; personal injury or death: advance payment10 U.S.C. § 2736
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Definition10 U.S.C. § 2731
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Definitions10 U.S.C. § 4801
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Defense of certain suits arising out of legal malpractice10 U.S.C. § 1054
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Defense of certain suits arising out of medical malpractice10 U.S.C. § 1089
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Final decisions of district courts28 U.S.C. § 1291