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use of digital navigation aids. Crews lacking the compe- With the availability of internet access aboard vessels, tence to properly operate equipment can provide a basis mariners may have more up-to-date information in devel- for a vessel to be found unseaworthy, leading to liability oping passage plans. This may necessitate using internet for cargo, injury, property damage, and other claims. An resources to secure current information rather than rely- unseaworthiness ? nding may also impact the vessel own- ing on stale information that may be available in paper er’s ability to take advantage of such protections as the publications aboard the vessel. Using outdated informa-

Shipowner’s Limitation of Liability Act, limits of liability tion when more accurate information is available could for cargo loss and damage, and the ability to succeed on a be considered negligence. In some circumstances, a crew’s claim for general average. practice of not consulting available resources could render

Various international codes and United States Coast a vessel unseaworthy.

Guard regulations require vessels to be crewed with properly Additionally, vessel owners’ liabilities are likely to expand trained and quali? ed mariners. Not surprisingly, therefore, as enterprise systems linking vessels to shore in real time the failure to employ crewmembers with the skills necessary grow in sophistication and remotely controlled and au- to operate modern digital equipment can serve as the basis tonomous vessels begin to enter service. Certain cargo loss for a statutory violation. In turn, statutory violations can rules provide that carriers are not liable for the loss of dam- lead to a ? nding of negligence per se, civil penalties, and age to cargo caused by the operational negligence of a com- actions against the mariner’s license. Casualties stemming petent crew on a seaworthy vessel. Likewise, a vessel owner from the improper use of digital equipment can also result is able to limit its liability under the Shipowner’s Limitation in costly and time consuming investigations by regulators. of Liability Act if the cause of the loss was occasioned or incurred without its “privity or knowledge.” Thus, naviga-

ANAGING OUR ISK THE AY ORWARD

M Y R : W F tion errors made by the vessel’s crew at sea were not within

The risk of adverse legal rami? cations from the presence the “privity or knowledge” of the owner. If owners on shore and use of complicated computerized equipment aboard supervise or otherwise exert more control over vessels at sea, vessels can be minimized. Mariners should be receptive to however, these defenses could be vulnerable.

using these new digital tools to accomplish old tasks. It In sum, advancing technology as well as its pervasiveness is essential that vessel owners provide frequent and effec- into every facet of life, including the maritime industry, is tive training to ensure that mariners know how to use the inescapable. Diligent vessel owners and mariners will em- equipment as intended and to make sure their skills keep brace the advancing technology and ensure it is being used pace with advancing technology. as intended to reduce the chances of marine casualties and

Mariners should routinely review manuals and other insulate themselves from liability in the process. materials associated with such equipment. Senior mariners should strive to see that their subordinates are competent in the use of this digital equipment. Owners should consider auditing practices which are rigorous enough to identify mariners who are not using digital equipment as intended.

Similarly, mariners must also be familiar with the limi- tations of such equipment and be wary of overreliance on digital equipment. Indeed, the advancement of technol-

David James is a partner in the Beaumont, Texas of? ce of ogy should complement and enhance a mariner’s ability to law ? rm Clark Hill, focusing on admiralty, maritime, and navigate and complete other tasks but should not be used commercial litigation. He represents vessel owners, charter- to displace common sense, the knowledge upon which the ers, shipyards, drilling contractors, terminal operators, ves- technology is based and/or years of experience at sea. sel agents, port authorities, and marine underwriters. He

The growing availability of information to vessel crews can be reached at [email protected]. and owners alike will dictate a change in practices. For ex- ample, effective passage planning requires the mariner to

Marianne Laine is Senior Counsel in the Beaumont gather all information related to the passage and to use of? ce of Clark Hill, focusing her practice on admiralty, that information to appraise potential risks. Mariners have maritime, and commercial litigation. She can be reached historically looked to onboard resources such as the Coast at [email protected].

Pilot, Tide Tables, and the Local Notices to Mariners. www.marinelink.com

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