In 1920, Congress passed the Death on the High Seas Act (DOHSA) to help widows of seamen to recover certain damages if the death of their spouse was "caused by wrongful act, neglect, or default" in international waters.
"International waters" to which the DOHSA originally applied to, were defined as "beyond a marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States". Benefits were also limited to recovery for monetary damages, and not to any non-pecuniary damages (for the suffering of loved ones).
The act was roughly based on federal law applying to interstate railroad workers (FELA), and the commercial airline industry began to use it. But the airline industry, of course, used it as a way to limit damages in cases involving airplane crashes off the U.S. coast.
The practice came to a head after the TWA Flight 800 tragedy, and in March 2000, Congress amended the DOHSA as part of the FAA Reauthorization Bill. The amendment officially extended the DOHSA to aviation, since aviation is used for maritime activity, but it also:
* Moved the coverage to beyond 12 nautical miles offshore
* Included the decedent's spouse, children, parents, and other financially dependent relatives as potential beneficiaries, although only the personal representative of the deceased could bring action
* Allowed for recovery of pecuniary losses, including economic losses and loss of wages
* Removed the cap set on damages and allowed adjustments for inflation
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