DAMAGE TO FIXED AND FLOATING OBJECTS

DAMAGE TO FIXED AND FLOATING

OBJECTS

Introduction

Damage caused by a vessel to fixed or floating objects often gives rise to large claims which owners have great difficulty in defending. In many countries, owners will be strictly liable which means that the vessel will be responsible for any accidental damage, although the vessel and crew were in no way at fault. The damage may be caused by a vessel coming into direct contact with, for example, a harbour, dock, pier, jetty, buoy, or crane, or the damage may be caused by the vessel's wash. In most instances, claims for the damage caused by the vessel will be covered by the vessel's P&I insurance (the reader should refer to chapter 2 for a discussion on risks covered by insurance).

This chapter examines the following:‑

When incidents occur;

Evidence required from the vessel.

In the appendix to this chapter, a short case history is provided.

When Incidents Occur

Damage to fixed and floating objects usually occur when a vessel is entering or leaving a port. If damage occurs when a vessel is entering a port, the Master should report the incident as soon as possible to owners. If possible, the Master also should contact the local P&I representatives and request them to attend and assist.

If damage occurs when the vessel is leaving a port, the Master should resist any temptation to ignore the incident in the hope that the damage will be minimal and there were no witnesses. Owners should be notified as soon as possible order that enquiries may be made to ascertain the extent of the damage.

Evidence required from the Vessel

In cases of substantial damage, owners and their insurers will appoint expert surveyors to assess the extent of any damage and repairs. In order to assist the surveyors, who may not arrive at the scene immediately, it is essential that the Master assembles as much contemporaneous evidence as possible.

However, the Master should note that it is not only major incidents which require vigilance. Minor contacts with fixed and floating objects can lead to substantial claims by local authorities, unless the owners and their insurers are able to produce contemporaneous evidence from the vessel to refute the allegations and minimise the extent of any claim.

The Master should ensure that the report of the incident which he prepares includes

the following information:

The date, time, and location, of the incident ‑

The information should be as precise as possible, for example, if the vessel comes into contact

with a pier, the Master should note the number of the pier;

The conditions prevailing at the time ‑

The Master should note whether it was day or night, the weather conditions, visibility, sea state,

the incidence of swell, and the state of tides and currents;

Details of the vessel's manoeuvres ‑

The Master should note whether the vessel was entering or leaving a port or locks, berthing,

assisted by tugs, or whether there was a pilot on board the vessel;

Names and addresses of all crew members, pilots, tug crews, shore workers, or any other persons who witnessed the incident ‑

If time allows, the Master should attempt to obtain from the witnesses their account of the incident;

Details of the damaged object ‑

The Master should note whether the damaged object was old or new, whether it was well used, whether it was well illuminated and marked, whether there were any signs of damage or defects to the object other than that caused by the vessel. If possible, the Master should ensure that photographs or sketches of the damage are taken.

An incident involving a fixed or floating object may also give rise to an unsafe port claim against charterers of the vessel. Therefore, the Master should refer to the discussion of unsafe ports and berths in chapter 4 and, in particular, to section 4.3. for the type of evidence required from the vessel.

APPENDIX

Case History

The subject vessel came into contact with a disused jetty in Wilhelmshaven, and the port authorities brought a claim for damages against the owners. The attending surveyors found that the jetty was not marked and, more importantly, not illuminated. The port authorities denied these allegations. However, the Master, shortly after the incident, had collected evidence from the crew that the jetty was not lit and made particular reference to this point in his report. This contemporaneous evidence which supported the surveyors' findings, persuaded the port authorities to substantially reduce their claim for damages.