Ship collision

-Ship collision means 2 ships or one ship and a floating structure or a still object caused
physical impact resulting in a damaging accident.
Types of collision
In general, there are two types of ship collision. The first type of collision is the traditional
collision that is physical impact that occurs between two ships resulting in a damaging
accident. For example, with a side collision, one ship hits another ship on its side. With a
stern collision, one ship runs into the back end of another. And with a bow-on collision, two
ships are struck by each other on their front ends, much like a head-on collision in a car.
The second type of collision is an allusion, which is when one ship hits an object that isn’t
moving, such as a bridge. Any of these types of ship accidents at sea can lead to multiple
injuries and deaths among passengers and ship employees.

Consequences of ship collision

-the loss of life which is something that cannot be compensated for
-environmental impact is very negative. This situation would become worse if the ship in the
collision is a ship which carry some chemicals or harmful material that would be harmful for
maritime life and cause biological crisis. A good example can be seen various past ship
collision accidents involving an oil tanker
-the ship owner would suffer serious financial loss as the ship is damaged. Even though there
would have some compensation by the law, the penalty of the collision should also be taken
into consideration.
Liability (reasons for ship collision)
-negligence or lack of proper care to navigate vessel
-violation of the Navigation rules
-failure to comply with local navigational customs usage
-unseaworthiness of vessel
TEST: the test is whether the collision could have been avoided by the exercise of ordinary
care, caution and maritime skills???
The law of negligence applies to collisions at sea so that a duty of care exists between
colliding ships. A ship owes a duty of care to other ships navigating the same seas under the
established neighborhood principle. The duty of seamen is to use reasonable care and skill in
navigation to prevent the ship from causing injuring to other ships at sea.
The burden of proof is however on the claimant to establish that the duty of care has
been breached and it is the breach of the duty that resulted in the damage sustained, the
claimant must also show that such damage is not too remote from the breach.
- R v. Escott (1922)- The accused was charged with dangerous operation of a vessel causing
death. The charge arose out of a collision between a vessel being operated by the accused and
another vessel. A passenger in the accused’s vessel died as a result. The collision occurred at
night in total darkness. The accused’s vessel was displaying no navigation or running lights.
Furthermore, the accused’s vessel was proceeding at a speed of 26 miles per hour and the
other vessel was proceeding at 32 miles per hour. The court held that the accused was guilty
as the accused was operating his vessel at an unsafe speed, without navigation lights, in a
narrow channel where there was a risk of collision and he did not keep a proper look-out.

-only direct consequences of the collision are recoverable