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Fires at sea have been one of the greatest risks to ships and cargo for over a thousand years, and they implicate some of maritime law's most unique aspects. These issues are briefly addressed below.
Cargo Damage
In
Salvage & Wreck Removal
Marine salvage is the rescuing of ship at sea. There are two types of salvage, "contract salvage" and "pure salvage." Contract salvage is when the shipowner and the salvor agree in advance to the terms governing the salvage operation, including the compensation that will be paid to the salvor. Pure salvage is when there is no contract between the parties prior to the salvage operation. There are three elements to pure salvage: (1) the property being salvaged must be exposed to a marine peril, (2) the salvage service must be voluntary and the salvor must not have had a pre-existing duty to the ship, and (3) the salvage operation must be successful in whole or in part. If the salvage is successful, the salvor will be entitled to an award. Historically, the award is determined by analysis of certain "
- the labor expended by the salvors in rendering the salvage service;
- the promptitude, skill, and energy displayed in rendering the service and saving the property;
- the value of the property employed by the salvors in rendering the service and the degree of danger to which such property was exposed;
- the risk incurred by the salvors in securing the property from the impending peril;
- the value of the saved property; and
- the degree of danger from which the property was rescued.
Today, the
Notably, salvage is different than wreck removal. If the ship and its cargo are lost, the law often requires the shipowner to remove wreck. In
General Average
Like salvage, general average is one of the most unique aspects of maritime law. The concept is that everyone with an interest in a ship's voyage is "in it together" as part of a joint venture and that parties to the venture should not benefit from the losses suffered by another party to the venture. As a result, the law of general average provides a mechanism for an equitable sharing of losses and expenses that occur during a voyage in certain circumstances. The classic example is where the ship's captain faces a horrible storm and decides that some cargo must be thrown overboard to lighten the ship or lower its center of gravity, to better avoid sinking. The owners of the sacrificed cargo were damaged while the shipowner and remaining cargo benefitted in that their property survived the storm. Under the rules of general average, all parties to the venture, including the shipowner and all owners of cargo, must absorb a proportionate share of the loss suffered by the owners of the sacrificed cargo. While this is the classic example, general average is not limited to storms or overboard cargo, it also applies to extraordinary expenses for the benefit of the joint venture. To succeed in a claim for general average, one must establish (1) a marine peril, (2) a voluntary sacrifice/expense, and (3) success. The expenses of salvaging a ship on and its cargo are typically recoverable through general average, and that has occurred in many fires at sea.
Note that the shipowner and shippers are not limited to general average remedies. If the cause of the fire was due to the fault of a shipper or third party, the shipowner and other cargo owners will have a claim for damages against the wrongdoer under general maritime law tort.
Personal Injury and Death
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An employer must provide and pay for medical care for its seamen who are injured within the course and scope of their employment. The obligation continues until the seaman reaches the point of maximum medical improvement for the injury or illness at issue. This obligation is referred to as "cure." "Maintenance" is a seaman's day-to-day living expenses that replace the benefits he or she would have received on the ship. Maintenance and cure is similar to worker's compensation in that the employer's obligation is not based on fault or negligence in causing the injury or illness.
A ship owner has a nondelegable duty to provide its seamen with a ship that is reasonably fit for its intended use, which is considered the warranty of seaworthiness. If the ship owner breaches this duty and it causes an injury, the ship owner may be liable to the seaman for damages.
Under the Jones Act, an employer may be liable for damages if its negligent act or omission injures a seaman. Jones Act negligence claims are very similar to the general tort rules in
Limitation of Liability
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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