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

2. Ship Collision

3. 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

4. Off shore platform + vessel?

5. Hydroplanes collission?

6. 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, …)

7. 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

8. 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)

9. Tugs and tows
„Tug is servant of the tow”