vendredi 6 septembre 2019

Limitation of Liability Act of 1851

The sinking of the MV Conception near Santa Cruz Island was an eye opener to my regarding the limits of liability for maritime accidents.

https://en.wikipedia.org/wiki/Sinking_of_MV_Conception
Quote:

On the night of the fire, a crew member awoke to the sound of a pop in the dark and believed it to be a disoriented crew member or passenger. Upon leaving his bed to attempt to aid the individual, he discovered an uncontrollable fire in the ship's galley.[10] Two mayday calls were placed at approximately 3:15 am from the wheelhouse of the Conception.[13][14] Five of the six crew members leapt into the ocean from the wheelhouse deck over the bow to escape the fire, retrieved an inflatable dinghy from the stern, and paddled approximately 200 yards (180 m) to the only boat moored nearby, The Grape Escape.[7][14] The ship's captain, who was among the five survivors, said the escape hatch at the stern was engulfed in fire and the surviving crew could do nothing to help the passengers
Quote:

The company also filed a lawsuit in United States District Court for the Central District of California, claiming limited liability under Limitation of Liability Act of 1851. The suit, if shown that Truth Aquatics was not liable for the accident, would limit Truth Aquatic's damages only to the value of the ship, thus preventing any damages to be issued against them by the families of the victims should they file suit. It would also reduce the length of time that these families would have to counter Truth Aquatic's claims. This practice is common in maritime accidents.[38] The settlements would be tied up in this limitation of liability proceeding.[39]
I did not know that liability for accidents at sea could be limited so much. I read elsewhere that liability for the Titanic sinking was limited to the value of the surviving lifeboats.

https://en.wikipedia.org/wiki/Limita...ty_Act_of_1851

Ranb


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