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).
Maritime Reporter January 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

‘Maritime Spectrum’ of CMMI a Big Draw

For The Company of Master Mariners of India, the conference “Maritime Spectrum” that comes at the turn of each year has become a brand in itself, and each one

Sino-Global to Acquire Tanker

Sino-Global Shipping America, Ltd. a shipping agency, logistics and ship management services company, today announced that it has entered into a Memorandum of Understanding (the "MOU"),

Investment Impact in Inland Waterways System

The National Waterways Foundation (NWF) has commissioned and released a two-year, ground-breaking study by the University of Tennessee and the University of Kentucky,

Offshore

NOIA: Draft Offshore Lease Program Both Hits and Misses

National Ocean Industries Association (NOIA) President Randall Luthi issued a statement on the 2017-2022 Draft Proposed OCS Oil and Gas Leasing Program, stating the U.

New Chemical Handling Service from Ferguson Group

Tank, Fluid Solutions and Bunded Storage for Dangerous Goods and Chemicals Introduced at Gap Ridge, Karratha.    Ferguson Group Australia, global specialist in offshore DNV 2.

InterMoor Completes Juniper Mooring Installation Contract

InterMoor has completed a mooring and foundation installation campaign for bpTT’s Juniper gas project offshore Trinidad and Tobago, reportedly the largest foundation

 
 
Maritime Careers / Shipboard Positions Maritime Security Naval Architecture Offshore Oil Pipelines Port Authority Ship Electronics Ship Repair Shipbuilding / Vessel Construction 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: 0.3125 sec (3 req/sec)