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  • Damage To Fixed and Floating Objects

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    Nyan Min Htet
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    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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    Damage to Fixed and Floating Objects

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    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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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    22 views5 pages

    Damage To Fixed and Floating Objects

    Uploaded by

    Nyan Min Htet
    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.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 5

    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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