Know the facts in accidents - box weights a good start: UK P&I Club

WEIGHING containers before loading would go a long way to clearing the ambiguity over liability of boxes lost as sea, according to UK P&I Club insurance expert Martyn Haines.

Addressing a recent London conference, Mr Haines said bills of lading and cargo manifests are either misleading or just plain wrong about weights and content, which become a problem in establishing liability among the usual suspects - shipowners, shippers and crew.

Mr Haines said it was inevitable that the shipper will attribute liability to the owner and the master.

Claims can also come from crew for personal injury, cargo owners for loss or damage and from the shipowner for damage to the vessel itself, he said.

Port authorities too are rigorous in enforcing a shipowner's obligations in cleaning up pollution and for any safety, legal or code violations that might have contributed to an accident.

Floating and sunken containers can also become navigational or pollution hazards, said the UK P&I Club statement. "Recently, the Dutch Ministry of Waterways ordered the recovery of 50 empty containers which were a hazard to navigation. The cost to the P&I Club was US$1.5 million," it said.

"Record everything: voyage plans, weather anticipation, weather conditions, ship's revs, the vessel's immediate position when the incident occurred. Take photos of floating containers and collapsed stacks, the statement advised.

"When you get to court, they will analyse the master's actions. Was he proceeding by the book? Was he looking after safety? Inform your P&I Club and the coast guard. The club can deal with the authorities and get people on standby for the ship's arrival at the next port. Information is also ammunition. Do not give it out. Keep it to yourselves for deployment at the appropriate times," the statement said.

Said Mr Haines: "Today's P&I claims handler has to face increasingly intricate situations in assessing and agreeing who should accept liability for exactly what. Contracts can be very complex, especially when they involve consortia. They are drawn up by lawyers rather than people with operational experience. The skilled executive has to look beyond the immediate terms and pay close and detailed attention to all the circumstances if he is to arrive at solutions acceptable to his club member."
(Source:www.schednet.com)