Employer of Crew not Entitled to Limit Liability

Monday, May 23, 2005
The U.S. Court of Appeals for the Eighth Circuit ruled that the employer of a vessel’s crew is not entitled to limit its liability for damages caused by negligence of a crewmember. In the instant case, the towboat was owned by one company and was crewed by employees of another company. The crewing company was responsible for routine maintenance, but the towboat owner was responsible for other work, including scheduling, insurance, repairs, and relations with the Coast Guard. The towboat and its tow allided with a bridge on the Mississippi River during a period of high water. The barges broke loose and damaged property owned by third parties, who filed claims. The owner filed a complaint in federal court seeking limitation of liability. The crewing company joined in seeking limitation. Following an extensive analysis of the degree of control a non-owner must exercise so as to be entitled to the benefit of the Limitation of Liability Act, the court determined that the crewing company did not exercise sufficient authority over the vessel to meet the statutory requirement. In the Matter of American Milling Company, Ltd., No. 03-3441 (8th Cir. - HK Law)
Maritime Reporter August 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Ulrich Ganz of Bernhard Schulte Joins Tundra

Tundra Group is delighted to announce the addition of the former Senior Company Security Officer (CSO) of Bernhard Schulte Shipmanagement (BSM), Captain Ulrich Ganz,

NZ's Lyttelton Port Recommends Offer, to Pay Special Dividend

The board of New Zealand's  Lyttelton Port Co. Ltd recommended minority shareholders accept an offer of NZ$3.95 a share offer from the commercial arm of the Christchurch city council.

NYK Opens New Planning Center in Kumamoto

On September 1, 2014, NYK and Kozo Keikaku Engineering Inc. established a stowage planning center for container shipping at the Kumamoto office of Kozo Keikaku Engineering Inc.

Offshore

Drydocks World to Participate in SMM 2014

Drydocks World, the leading provider of maritime and offshore services to the shipping, oil, gas, and energy sectors, will participate in the prestigious 26th edition of Shipbuilding,

SBM Offshore Completes Real Estate Divestment

SBM Offshore is pleased to announce that is has completed the sale and lease back of its Monaco real estate portfolio.  The last of the three buildings was sold

Keppel T & T Appoints Lim Chin Leong to its Board

Keppel Telecommunications & Transportation Ltd (Keppel T&T) has strengthened its Board with the appointment of Mr Lim Chin Leong as an independent, non-executive

 
 
Maritime Contracts Maritime Standards Offshore Oil Pod Propulsion Port Authority Ship Electronics Ship Repair Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1021 sec (10 req/sec)