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Damage To Fixed and Floating Objects

A vessel collided with an unmarked and unlit jetty in Wilhelmshaven, Germany, causing damage. The port authority claimed damages from the vessel owners. Surveyors found that the jetty was not marked or illuminated. The vessel master had collected evidence from crew shortly after the incident that supported the surveyors' findings. This contemporaneous evidence persuaded the port authority to substantially reduce their claim for damages.

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Nyan Min Htet
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104 views5 pages

Damage To Fixed and Floating Objects

A vessel collided with an unmarked and unlit jetty in Wilhelmshaven, Germany, causing damage. The port authority claimed damages from the vessel owners. Surveyors found that the jetty was not marked or illuminated. The vessel master had collected evidence from crew shortly after the incident that supported the surveyors' findings. This contemporaneous evidence persuaded the port authority to substantially reduce their claim for damages.

Uploaded by

Nyan Min Htet
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Damage to fixed and floating objects

A vessel came into contact with a disused jetty in


Wilhelmshaven and the port authority brought a
claim for damages against the owners. The attending
surveyors found that the jetty was not marked and
more importantly not illuminated .The port
authorities denied these allegations. However the
master shortly after the incident, had collected
evidence from crew that the jetty was not lit and
made particular reference to this point in his report.
These contemporaneous evidence which supported
surveyors’ findings persuaded port authority to
substantially reduce their claim for damages
Comments

• Damage caused by a vessel to fixed or floating object


often gives rise to large claims which owners have
great difficulty in defending.
• Normally in many countries owners and the vessels
are held liable for such damages although vessel and
crew in no way at fault.
• Damage may be caused by vessel coming into direct
contact or caused by vessel’s wash.
• In most instances claims for such damages covered
by P& I insurance
When such incidents occur

• Damage to fixed and floating objects usually occur


when a vessel entering or leaving a port
• When entering a port, master should report the
incident to the owners asap. If possible contact the
local P & I club representative and request them to
attend and assist.
• If such damage occurs when vessel is leaving port,
master should resist any temptation to ignore the
incident in hope that the damage will be minimal and
there was no witness. Owners should be notified
asap to ascertain the extent of the damage
Evidence required from the vessel

In order to assist the surveyors appointed by the owners and


their insurers in case of such damage to shore & floating objects,
master should log down, collect all relevant evidence
Even if the damage is of minor nature.
This will help to minimise any unfair heavy claim by authorities,
In the event of minor damages to shore & floating objects
Facts that should be in master’s statement

• As correct as possible mention, date, time, location, name


number of the object pier ect.
• Prevailing conditions- Day or night, weather, visibility, sea
state, swell, tides, current ect.
• Details of the manoeuvre
• Name and addresses of all crew members, pilots, tug crew,
and any witnesses.
• Statement from witnesses
• Details of the damaged object
whether old or new, already damaged or not, well illuminated
and marked
• Video and photographic evidence

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