Civil and Criminal Liability for Maritime Collisions

Civil and Criminal Liability for Maritime Collisions

As a general rule, fault forms the basis of liability, but not every shortcoming is subject to legal pursuit. In maritime law, only fault that legally results in damage, or materially contributes to the occurrence of damage, is actionable.

In light of the above, maritime liability is established only when three essential elements are proven:

• Fault
• Damage
• A causal link between the fault and the damage

Where these elements are satisfied, the injured party is entitled to claim compensation for the loss incurred, unless it is established that the collision resulted from unforeseen events, force majeure, or where the cause of the collision is uncertain. In such circumstances, the right to claim compensation will not arise.

In this respect, Article 163 of the Iranian Maritime Code expressly provides that if a collision is caused by unforeseen events or force majeure, or if the cause of the collision is doubtful, the injured party is not entitled to claim compensation, even if the vessels, or one of them, were at anchor at the time of the collision.

Legal Foundations of Liability Arising from Maritime Collision

Where liability for compensation is established, the vessel owner will be obliged to compensate for the damage incurred. Article 69 of the Iranian Maritime Code provides that the shipowner is personally responsible for his own acts, undertakings, omissions, and errors, and is also responsible for the actions of the master and for contracts concluded by the master in the course of performing duties. The shipowner is likewise responsible for the acts of the crew and authorized agents appointed to serve on the vessel.

Accordingly, under a widely accepted principle in various legal systems, liability may be established on the basis of damage caused by the fault or negligence of the ship’s personnel who are in an employment relationship with the owner. It is not necessary for the shipowner to have personally committed fault or negligence.

However, the final part of Article 168 of the Iranian Maritime Code appears to depart from this general principle by providing that:

The master is liable only where he has committed negligence or an error. In practice, third parties pursue claims against the shipowner, and the master’s liability is generally treated as an internal matter between the owner and the master.

From a legal perspective, maritime collisions often trigger the application of collision rules and the assessment of negligence in ways comparable to those in road traffic accidents. A maritime collision refers to a physical impact between vessels at sea. The duty to act with caution and to observe necessary care is rarely disputed and is widely recognized as a well-established legal obligation. The primary difficulty lies in determining whether that duty has been breached and, if both vessels are found at fault, allocating liability and determining the amount of compensation to be paid.

Criminal Liability for Maritime Collisions

Just as a collision between two land vehicles may give rise to a criminal offense, maritime navigation may also lead to criminal consequences where unlawful conduct is involved. The Iranian Maritime Code, in relation to shipowners’ liability, reflects the translated text of the 1910 international convention addressing shipowners’ civil liability arising from vessel collisions. The Code addresses issues of shipowners’ civil liability, but it does not expressly regulate criminal liability. Accordingly, criminal liability in this area must generally be assessed in accordance with applicable general legal principles.

Liability of the at-fault vessel may also depend on the law of the state with jurisdiction over the collision dispute. In practice, the location of the collision plays a decisive role in determining the competent court.

Frequently Asked Questions About Civil and Criminal Liability for Maritime Collisions