Mississippi § 59-1-42 - Licensed pilot liability.

§ 59-1-42. Licensed pilot liability.

A licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41 shall not be liable for more than Five Thousand Dollars ($5,000.00) for damage or loss caused by the licensed pilot’s or pilot trainee’s error, omission, fault, or neglect in the performance of the pilot services, except for the following: Damage or loss that arises because of the willful misconduct or reckless disregard for safety by the licensed pilot or pilot trainee; or An act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of licensed pilots. This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that: The vessel was piloted by a licensed pilot or pilot trainee pursuant to Section 59-1-41; or The damage or loss was caused by the error, omission, fault, or neglect of a licensed pilot or pilot trainee. In a proceeding brought against a licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41, for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the licensed pilot or pilot trainee. Liability under this section shall also be limited as follows: A pilot or pilot trainee is not liable directly or as a member of an organization of pilots for any claim that: Arises from an act or omission of another pilot or pilot trainee or organization of pilots; and Relates directly or indirectly to pilot services. An organization of pilots shall not be liable for any damages caused by a licensed pilot’s or pilot trainee’s error, omission, fault or neglect in the performance of pilotage services. For the sole purpose of occasions when this act is applicable as a defense to liability by a licensed pilot or pilot trainee, the licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41; asserting the defense shall be considered to have been acting as the servant of the vessel, its owner and its operator. This section does not apply to a vessel operator, captain, master or pilot that is: Not required pursuant to Section 59-1-41; Operating solely under a federal piloting license or; Operating an American vessel laden with coast-wise cargo not destined for a foreign port. This section shall apply to all causes of action that occur on or after July 1, 2013.