Manufacturer-shipper Liable for Containership Loss

Monday, October 24, 2005
In a high visibility (but not precedent setting) case, a company that both manufactured a chemical product and was the shipper of the product was held liable for loss of the container ship and the other cargo that the ship carried. The court found that the containership caught fire and became a constructive total loss after a container holding 120 drums (300 pounds each) of calcium hypochlorite spontaneously ignited. The ship owner and operator and numerous cargo interests sued the manufacturer-shipper, alleging strict product liability, failure to warn, and negligence. Regarding product liability, the court held that, while the manufacturer did not have actual knowledge of the full extent of the danger presented by shipping this particular cargo in this particular manner, it was in a better position than the carrier to ascertain ahead of time the true nature of the shipped goods. The court found that manufacturers have a duty to warn of dangers that are known or should be known through the exercise of reasonable diligence. The court also found that previous incidents involving shipment of this product and published reports should have caused the manufacturer to further investigate the risks of transporting the product in this particular manner, although the shipment was in accord with the basic requirements of the IMDG Code as of the time of the shipment. Note: the IMDG Code has been amended since this incident. In re M/V DG HARMONY, No. 98-Civ-8394 (S.D.N.Y., October 18, 2005).

Legal

Hanjin Shipping to Submit Self-Rescue Plan

South Korea’s Hanjin Shipping is planning on submitting a self-rescue plan to creditors this week to stave off bankruptcy by Aug. 25, reports Korea Herald quoting local media.

US Coast Guard Announces Final TWIC Rule

The U.S. Coast Guard announced Tuesday the publication of the final rule concerning Transportation Worker Identification Credential (TWIC) reader requirements. The

Riyadh MOU PSC CIC on Pilot Transfer Arrangements

Six (6) countries (Bahrain, Kuwait, Qatar, Saudi Arabia, Oman and UAE) of the Riyadh MoU in the Gulf Region are planning the following PSC Concentrated Inspection

Offshore

MISC Enters Thai Offshore O&G Market

Energy related maritime solutions and services provider MISC Berhad (MISC) has made inroads into Thailand’s offshore oil and gas market for the first time.

Cathelco MGPS for Latest Lamprell-built Jack-up

Cathelco will provide a marine growth prevention system (MGPS) for the latest in a series of jack-up drilling rigs to be built by Lamprell, the UAE based  leading provider of fabrication,

New System Monitors Vessel Motion, Impact

UK Electronic Solutions (part of NSSLGlobal Group), has announced Oceanic Dynamics, a new self-contained motion and impact monitoring system suited to offshore vessels.

 
 
Maritime Security Maritime Standards Naval Architecture Pod Propulsion Port Authority Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | 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: 0.0981 sec (10 req/sec)