Vessel Accidents: The First Moves That Keep the Owner’s Liability Capped at the Value of the Ship

Explanation of a hypothetical scenario that includes a harbor pilot aboard a vessel, the initial casualty response, a scenario in which arrest of the vessel could be appropriate, and a subsequent Limitation of Liability action.

Discussion of immediate actions in the aftermath of a casualty. This topic will include early actions to be taken by vessel owners and their counsel to limit a client’s exposure such as evidence preservation, litigation holds, FOIA requests for the preservation of public documents and data, witness statements, and cooperation with local and federal investigation authorities. This topic will also touch on mandatory notification requirements, USCG investigations, and the implications of witnesses pleading the 5th Amendment during interview or depositions.

Discussion of the differences between a Supplement Rule C Arrest and a Supplemental Rule B attachment in order to recover from various losses and exposures. This topic will also discuss the legal mechanics of arrest, and the benefits of vessel arrest, such as determining jurisdiction for any impending suits or limitations.

Discussion of the Limitation of Liability Act and the potential benefits to vessel owners. This topic will also include a discussion of how a claimant can break a vessel owner’s limitation of liability, and thus, the vessel owners exposure would no longer be capped at the value of the vessel.

Discussion of the very limited liability that harbor pilots carry, including relevant state laws limiting liability to gross negligence as well as the ultimate responsibility of a vessel’s master.