The recent collision of the container ship Dali with a Baltimore bridge serves as a stark reminder that admiralty law, a.k.a. maritime law, is complex. The event, while catastrophic, provides a framework for how centuries-old legal principles still govern navigation and litigation today. That’s why this episode of The Yacht Law Podcast takes a deep look at the intricacies of yacht collisions at sea. As you’ll learn, there’s quite a web of responsibilities and liabilities.
Any understanding of modern-day maritime law needs to start with history. In fact, in the United States, the law links to America’s whaling past, when maritime commerce was the economy’s lifeline. The historical perspective isn’t merely for reflection. Instead, it serves as the foundation upon which current law stands. It shapes the rules that dictate how yacht collisions—amid all maritime incidents—get resolved.
Further complicating the legal landscape: the requirement for having pilots onboard. Superyachts are not immune to this mandate, in effect in a few states across the country. A state-assigned pilot is a local captain who takes the helm to navigate through local waters. Surprisingly, at least to many yacht owners, pilots are often exempt from direct liability. Equally surprising, captains aren’t absolved from responsibility when a collision occurs with a pilot at the wheel. The podcast addresses these issues, shedding light on the delicate balance of authority and accountability onboard.
When it comes to legal proceedings following yacht collisions, the podcast does not shy away from the harsh realities. The National Transportation Safety Board (NTSB) plays a pivotal role in investigating such incidents. Yet, the admissibility of its reports in court and the use of other evidence, like CCTV footage, presents unique challenges. Furthermore, owners sometimes take strategic actions such as filing petitions to limit or exonerate liability. Each of these can profoundly impact the outcomes for all parties involved.
The legalities of collisions at sea can be daunting. Educating yourself about the complexities before an incident can happen is crucial. The Dali incident is more than just a case study. It is the latest narrative about those who strive to uphold justice in the face of adversity.
Don’t miss an episode of the Yacht Law Podcast. It’s available for subscription, for free, on Apple Podcasts, Audible, Spotify, TuneIn, and other leading services. Use the link below to find your preferred streaming service.
The Yacht Law Podcast theyachtlawpodcast.buzzsprout.com
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