Apportionment of Fault in Collision Claims
Who is at fault and why is far from simple
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Almost 25% of the maritime claims arise from collision. With the development of technology in the maritime sector though the number of collision incident reduces, but the extent of damage in case of a collision has increased due to high speed and steel hull of the vessels. The modern equipment in the navigation assists to find out the blameworthiness more accurately than earlier. On the contrary, the legal framework to establish collision liability and apportionment of fault is not yet well structured and developed.The objective of this study is to find out the legal basis for establishing and...
Almost 25% of the maritime claims arise from collision. With the development of technology in the maritime sector though the number of collision incident reduces, but the extent of damage in case of a collision has increased due to high speed and steel hull of the vessels. The modern equipment in the navigation assists to find out the blameworthiness more accurately than earlier. On the contrary, the legal framework to establish collision liability and apportionment of fault is not yet well structured and developed.The objective of this study is to find out the legal basis for establishing and the apportionment of collision liability from the precedence of the Admiralty courts. It is also intended to show the importance of the International Convention related to preventing collision at sea in determining collision liability and its preventive and deterrent role in relation to collision accidents.The research findings of the rules of apportionment of liability in collision cases found very useful to the mariners, maritime lawyers, Judges, Ship-owners, Ship managers, agents, operators, charterers, brokers, P&I clubs, hull underwriters, salvers and many other interested parties.
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