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 June 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

KPA: Striking Mombasa Port Workers Must Return by Friday

The Kenya Ports Authority said on Thursday striking workers at the Mombasa port should resume work by Friday morning or lose their jobs, and that normal activities

China's Navy holds Missile Combat Resupply Drill

China's navy held its first drill simulating the resupply of missiles in a combat environment in the Yellow Sea, the Defence Ministry said on Thursday, the latest

Qatar Navigation Absorbs Balance of SocGen Gasships

Qatar Navigation (Milaha) said on Thursday its unit Qatar Shipping Company had acquired the remaining 60 percent interest in two firms which own Liquefied Natural

Offshore

Petrobras hands over Campos basin stake to PetroRio

Petrobras today signed with PetroRio S.A. (‘PetroRio’) the contracts for the sale of 20% of its stake in the concessions of Bijupirá and Salema fields, currently operated by Shell.

Damen, AMELS sell YSV with Heli Hanger

The sale of a new 69-metre Yacht Support vessel marks the next level of development for the successful Yacht Support range built by DAMEN in cooperation with Dutch luxury yacht builder AMELS.

Golar Moves Ahead with lucrative FLNG Project in Cameroon

Golar LNG Limited inform that with regards the signing of a Heads of Agreement with Societe Nationale de Hydrocarbures ("SNH") and Perenco Cameroon ("Perenco")

 
 
Maritime Contracts Maritime Security Naval Architecture Pod Propulsion Port Authority Ship Repair Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
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: 0.1301 sec (8 req/sec)