What is a maritime accident?
A maritime accident is any extraordinary or damaging event caused by, connected with or occurring during the operation of a vessel such as to result in
- the loss, even presumed loss, of the vessel
- the death or serious injury of a person;
- property damage to the ship and structures;
- damage to the marine environment.
In the presence of this, the Master or his delegate shall present a report of the claim to the maritime or consular authorities, in order to allow the reconstruction of the event.
Maritime accident: investigation reports
The maritime or consular authority, in the event of a maritime accident, shall make summary enquiries into the causes and circumstances, and take prompt action to prevent the dispersal of property and elements useful to the enquiries.
The authority of the place of first port of call of the ship or of the shipwrecked persons is competent to carry out the investigation. Conversely, if the ship has been lost, the authority of the place where the fact was first reported will be competent.
In the absence of maritime authorities, investigations will be carried out by the customs authorities.
Findings, measures taken and investigations carried out shall be recorded in the minutes.
Preliminary investigations are followed by the formal investigation, the purpose of which is to ascertain the causes and responsibilities of the accident. The formal enquiry is ordered by the maritime director or the competent consular authority at the request of the parties concerned or the trade unions. It may also be ordered ex officio if it appears that the incident was caused by wilful misconduct or negligence or otherwise constitutes a criminal offence.
If, on the other hand, it is considered inappropriate to order the investigation ex officio, a reasoned statement shall be made at the end of thesummary investigation.
A formal enquiry may also be ordered if the casualty concerns a ship flying a foreign flag. Jurisdiction is determined by the place of the casualty, if it occurred in the territorial sea and the place of first port of call of the damaged ship, or the place of arrival of the majority of the shipwrecked.
In the case of loss of the ship, the formal investigation is carried out by the Maritime Directorate in whose jurisdiction the port of registration of the ship falls.
Maritime accident : law damages
The Supreme Court of Cassation, by order no. 12063 of 13/04/2022, intervened on the subject of nautical transport, in order to assess the driver's liability for damages caused to the third party transported in the event of an accident by sea.
In this context, the burden of proof rests on the carrier and not on the third party transported, who must prove that he did everything in his power to prevent the injury to the transported party from materialising, by resorting to the ordinary rules of diligence of a good father and, if professional, of technical diligence.
In other words, according to the jurisprudence of legitimacy, a vessel driver who fails to prove that he did everything in his power to avoid the damage is liable for damages against the third party transported by sea.
The law firm Arnone&Sicomo has an in-house maritime and shipping law department. We assist all those who have suffered or committed a maritime accident and wish assistance in the execution of compensation practices.
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.
