Passenger Claims:
Legal Protection
Legal protection
Legal regimes vary greatly around the world but laws usually allow vessel owners
some measure of protection from passenger claims. Many countries have adopted
the Athens Convention which sets limits on the shipowner's liabilities. Others
allow owners the freedom to set limits of liability in the conditions of
carriage shown on the passenger ticket. You should ensure your conditions
of carriage protect your position as much as the law in your region will
allow.
Legal advice
We would recommend that you take professional advice on the legal regimes that
you will be operating under. If you have any difficulty finding a suitably
qualified lawyer please contact the Club as we will be happy to help you.
Documentary
evidence
An essential element of any successful defence is the ability to demonstrate
to the court that your company is a responsible organisation operating to the
highest standards. To achieve this you may need to produce evidence to show you
have proper systems in place to record and investigate all incidents that occur
on board your vessels. You may also need to demonstrate that in the past appropriate
corrective action has been taken to prevent recurrences if a problem has been
identified by your investigation.
The vessel's log book
The single most important document in establishing your company's credibility
is the vessel's log book. To have any value in defending you against a claim
the log book must record every voyage in detail. Not only must every unusual
occurrence be recorded as it happens but the log book must also contain regular
records of routine matters to provide a contrast which emphasises the unusual.
Log book entries must include regular notes on wind and sea conditions throughout
each voyage, especially where those conditions change dramatically. Safety announcements,
drills and other matters relevant to passenger safety should be recorded.
A properly completed log book may be your only defence to a claim made several months after the event.