Hague Visby Rules – Sea carrier liability
Under the Hague Visby Rules, a sea carrier is liable for damage to cargo, for the period from loading till discharge (tackle to tackle), unless he proves absence of fault on his side.
In the case of damage, the party that sustained the loss must submit a reservation prior or on delivery, and if
the status of the goods is not apparent at that time, latest three days following delivery. In a case of damage of goods which were discharged at the port of Thessaloniki and reached the receivers on the next day, fish cargo supposed to be frozen at -18C, was found damaged due to defreezing and then freezing again.
On the evidence submitted, it was found that such action took place following discharge at Thessaloniki port; accordingly, carrier was not liable. Piraeus Court of Appeal Judgment no 583/ 2013, President: P. Tsandekidou, Rapporteur Judge: G. Kokkoris, Attorney at law: I. Syrios, A. Nassikas, E. Assimakopoulos, Maritime Law Review vol. 41, p. 424.
NOTE: Sea carriage is defined in the Rules to last from loading on board to discharge. Liability is confined there. New transport methods, combining more means of transport and involving sea, land and rail carriage, may have a different approach, depending on the terms whereunder carriage takes place.
The legal column was written by Manolis Eglezos, Attorney at law, Manolis Eglezos & Associates Law Firm, Attorneys at Law and Consultants