Manolis Eglezos & Associates – Shipowner’s liability from tort of master and crew
When tort is committed by the master or crew, the shipowner can also be found liable, provided the tortious act is linked to the sea employment of the wrongdoer. In other words, the tort would not have been committed unless the wrongdoer was placed in his position by the shipowner.
In a grounding of a vessel, the master and second mate were found to blame; the second mate had not rectified a slightly deviating route, and the master did not himself assume command of the vessel when entering the Oinoussai strait, although he was under such duty. Further, due to the master’s and crew’s prudent actions, no further damages were sustained, while passengers suffered no harm, physical or psychological.
In view of this, passengers who sued the shipowner seeking moral damages on the above grounds, were found to be not eligible to such damages, given that no psychological shock was proved.
Piraeus Court of Appeal Judgment no 181/2013, President: P. Tsandekidou, Rapporteur Judge: G. Dimakis, Attorneys at law: G. Trandalidis, A-K. Tzimas, Maritime Law Review vol. 42, p.18.
NOTE: The case examined here could lead to the shipowner’s liability under certain circumstances; but what assisted here, was the grounding did not lead to a worse situation, and passengers were treated in such a way they did not panic or suffer shock. If passengers were found eligible for damages, their direct claim would be against the master and second mate, whilst the shipowner would also be vicariously liable.