It is a known fact that the Libyan people are still struggling to establish a strong central government in order to fulfill the hopes and aspirations that inspired the revolution of February 17, 2011.
The strategic location of Libya and its tremendous wealth give Libya an important status in the world, most notably for the EU. Evidently, peace and economic development will soon come to Libya, leading to security and prosperity not only in Libya but also in the world, especially in Europe. Trade will flourish, and the part of the Mediterranean adjacent to Libyan ports will be frequently visited by vessels. This leads to the topic of this article, which discusses vessel collisions as regulated by Libyan Maritime Law.
Although the effects of certain collisions may not lead to sinking, collisions may still cause adverse consequences, including, but not limited to, fires and explosions, loss of cargo, damage to the vessel, marine pollution, and death or injury to individuals, such as crew members.
The repercussions of the collision may cost those who are held liable, such as shipowners or insurance companies (P & I clubs), thousands, even millions of dollars in losses, depending on the severity of the damage. One of the biggest concerns is how liability will be assigned to each implicated party and how losses will be allocated among the parties.
The purpose of this article is to address the legal issues surrounding fault and liability that may arise from a maritime collision occurring within Libyan waters, using the applicable legislation, the Libyan Maritime Law of 1953.
The Libyan Maritime Law defines collisions as accidents involving vessels. Although a collision is commonly believed to require physical contact, the Libyan Maritime Law allows victims to recover from tortfeasors even if no physical contact has occurred, provided that damage is caused to another vessel, its goods, or persons aboard the vessel by an act or failure to act, or by a violation of navigation rules (Article 241 of the Libyan Maritime Law).
In the event of a “collision,” as defined under the Libyan Maritime Law, persons or cargo aboard a ship involved in the collision, or an innocent third party, may recover for damages and losses suffered. However, the Libyan Maritime Law does not consider physical contact between a ship and structures, such as a bridge or dock, to be a collision. Such contact constitutes tortious liability.
For a collision to have occurred, the accident must have been caused by either a vessel's fault, force majeure, or an unidentified cause. A vessel's fault is extremely important in determining liability for damages. If a Court determines that one vessel is at fault for the collision, the owner of that vessel will be held liable for paying damages to the successful claimant(s) (Art. 238 of Libyan Maritime Law).
In a case where a Court determines that both vessels are jointly at fault, the Court will allocate liability to the vessels in accordance with the degree of blame of each vessel (Art. 239 of the Libyan Maritime Law). Courts may face difficulty in determining the allocation of fault, such as when evidence is vague and does not permit the Court to determine which vessel is more at fault. In a case where the fault of the vessels is difficult to determine, Courts will find both vessels equally at fault.
Force majeure is the common term used in various jurisdictions to describe an unavoidable or irresistible force outside either party's control that causes a tort. Under maritime law, examples include a hurricane or flood that causes a collision between vessels. The Libyan Maritime Law stipulates that both parties are exempt from liability to each other in case of force majeure (Article 237 of the Libyan Maritime Law). Instead, each party will be responsible for its own losses.
Regarding the division of damages, Article 239 of the Libyan Maritime Law provides that if more than one vessel is at fault, liability will be apportioned in proportion to each vessel's fault, so each vessel will be liable only to the extent of its own fault.
If it is impossible to calculate the degree of fault of each vessel, liability will be divided equally among the vessels involved. Each defaulting vessel will be severally liable in proportion to its fault for damages caused to other vessels and to the belongings of the crew and passengers. However, defaulting vessels will be jointly and severally liable for death or personal injury, meaning that the plaintiff can recover the full amount of damages (Article 239 of the Libyan Maritime Law) from any one of the defaulting vessels.
If such a vessel pays damages exceeding its percentage of fault, it is entitled to reimbursement from other defaulting vessels for the amount it paid in excess of its percentage of fault. Military and government vessels serving the public interest are not subject to the previous compensation rules (Article 244 of the Libyan Maritime Law).
For related maritime enforcement procedures, see our article on Arrest of Ships in Accordance with Libyan Law.
