Department for Maritime and Transport Law| 2018 Dr. Iva Savić Ship collision Department for Maritime and Transport Law| 2018 Dr. Iva Savić

Ship Collision

Basic terms Ship collision – one or more vessels, through a direct of indirect contact, damage to another vessel, property on board, or injury to people onboard Direct contact – actual contact of vessels or parts of their equipment Indirect contact (no actual contact) – due to irreverence of safety of navigation rules

Off shore platform + vessel?

Hydroplanes collission?

Application (ii) Irrelevant whether the vessels are sailing Applicable to all navigable objects Not applicable for so-called „Impact” – contact of a vessel with a fixed marine or land object (ie, lighthouse, shore, floating object, offshore unmovable object, …)

Responsibility and liability for damage (i) Basis of Responsibility – Proved Fault principle Responsible and liable for damage due to collision - vessel(s) that are proven that have caused the collision due faulty conduct or omission Responsible persons: shipowner, ship operator Same rule applied to pilotage Master of Vessel and crew – two exceptions Level of fault relevant for the recourse issue; right of third parties to claim directly Intentional behavior – inured person can directly claim for compensation

Responsibility and liability for damage(ii) If more vessel at fault – each vessel proportional to fault If exact fault cannot be determined – into equal parts No joint responsibility for third parties’ damage on property Injury or death – joint responsibility (including the right of recourse) Accident or vis maior, or cause cannot be determined – no-fault collision, all bear their own costs Actual loss and loss of profit (and associated costs)

Tugs and tows „Tug is servant of the tow”