OPENING/FALLING OF THE BOW VISOR/RAMP AS THE CAUSE OF MARITIME CASUALTIES – LIABILITY AND INSURANCE ASPECTS

Abstract

One of the fundamental determinants concerning the safety of maritime navigation is the need to comply with all safety standards of ship maintenance and safe working conditions, the nonfulfiilment or non-observance of which is considered a decisive factor in the occurrence of maritime casualties. In this article, the international, European and national normative legal issues of liability for damages and insurance cover are presented and explained using the example of two maritime casualties involving ro-ro passenger ships: 15-year old ship “Estonia” from 1994 (the accident occurred due to the opening of the bow visor during the navigation, which led to the sinking of the ship in international waters of the Baltic Sea and the death of 852 people) and the 55-year old ship “Lastovo” from 2024 (the accident occurred as a result of the fall of the bow ramp on a crew member at the pier, resulting in the death of 3 crew members and serious bodily injuries to 1 crew member). Although these are maritime accidents that occurred almost 30 years apart, they have a common link and raise questions about the (un)seaworthiness of the ship - which was established in the case of the maritime accident of the ship “Estonia” and seaworthiness of the ship which was established in the case of the maritime accident of the ship “Lastovo”. Given the above, the authors refer to the changes in the international and European legal framework (changes in ferry safety regulations, changes in liability and insurance cover regulations) that followed the „Estonia“ maritime casualties, and which, since a more comprehensive analysis was not possible, focussed exclusively on the damage suffered by passengers. At the same time, the national legal framework of liability and insurance coverage (according to the decisions of the Croatian Maritime Code, national Collective Agreement, Maritime Labour Convention, and P&I Club Rules) is considered in relation to damage caused by the death or physical injury of a „Lastovo“ crew member. The paper aims to discuss important issues related to the appropriate application of the International Safety Management Code (ISM Code), which was adopted immediately after the „Estonia“ maritime casualties, in order to ensure the safety of all operations related to the operation of the ship, including the prevention of injury or loss of life to passengers/crew members. Although the ISM Code does not regulate property liability issues, its non-application may be an important factor in determining the shipowner’s liability for all contractual and non-contractual obligations that may arise from the shipping operation and thus for the successful exercise of maritime insurance rights.