NEWSFRONT: Collision with no physical contact – Manolis Eglezos & Associates
A tug owner sued the shipowner of a coastal ferry and her master for damages, alleging that the berthing actions of the coastal ferry caused the berthing ropes of the tug to break and the latter to be left unmanaged in the sea, resulting to tug’s grounding.
The defendants denied the claim, alleging that the tug was already floating unmanned and with berthing ropes broken when the coastal ferry approached to berth under adverse weather conditions and strong winds. The weather conditions were to blame for the breaking of the tug’s ropes, along with the non-professional behaviour of tug’s master; the latter, in spite of adverse weather known to be expected, did not reberth the tug to a safer port nearby, and leaving the tug there, did not secure it with more berthing ropes nor did he and the crew remain onboard to prevent possible dangerous situations.
The Court, on the evidence produced, found that indeed the tug’s ropes had broken before the coastal ferry approached the port, so she was not to blame.
Accordingly the claim was dismissed.
Piraeus Court of Appeal Judgment no 869/ 2013, President: P. Tsandekidou, Rapporteur Judge: G.
Dimakis, Attorneys at law: Chr. Stefas, M. Arvaniti, Maritime law Review vol. 41, p. 432.
NOTE: Liability from collision can occur even if we do not have physical contact between the vessels.
If it occurs from force majeur or is not attributable to any party, each vessel bears its own losses; where
we have common liability, each vessel is liable at the rate of her contribution to the collision. Where
one vessel only is to blame, her owner is liable for all damages. The wrongdoer (eg. Master) can be
found independently liable in case he committed tort.
The legal column was written by Manolis Eglezos, Attorney at Law,
Manolis Eglezos & Associates Law Firm, Attorneys at Law and Consultants