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Fri, 11 Mar 2011
Is the incidence of main engine failure increasing? – A legal perspective.
The answer to the question is straightforward, providing a legal perspective on something of such a factual nature is more difficult.
The answer to the question is of course... yes!
There is a clear trend in the increase in incidences. The increase in legal instructions from vessel insurers, owners and operators over the past couple of years on main engine failure-related cases supports this.
The failure of the main engine is the consequence, the cause of the failure is of particular interest to the lawyer. Only when the cause of the failure is established can the merits of any claim be assessed. The way that a lot of engine related cases are dealt with and more importantly investigated, is problematic in establishing the cause of the failure.
Some of the more frequent causes of main engine failure include:-
Lack of maintenance. Lack of spare parts. Inexperienced/untrained personnel. Fuel quality. Advancing technology. Old tonnage. Failings on the authorities to properly survey and certify vessels.
Main engine failures give rise to:-
Cargo claims – perished and physical damage due to the effects of the weather. Salvage and general average related claims. Oil pollution. Insurance claims. Personal injury/fatal accident claims. Sometimes a combination of all of the above!
The lawyer has to assess the legal merits of the claim that arises as a consequence of the main engine failure. Establishing the cause of the failure is the starting point as the merits of the claim depends on the evidence to hand. Even with the requisite experience, in many instances, the quality of evidence makes the job of assessing the merits of a claim very difficult. Failure of those involved in determining the true cause of the failure is a serious problem within the industry.
Whilst there is concern over the increase in instances of main engine failures, for the lawyer/insurer of equal concern is the increasing instances of the failure of those to investigate the cause. There is a black hole in the understanding of the investigator’s role and there is a lack of understanding of the significance of the failure to identify the cause. Numerous factual examples of incorrect investigation highlight the problems and incorrect conclusions as to the cause of the failure can have a significant impact upon the claim.
The incidence of main engine failure is on the increase and whilst the focus should lie with addressing this worrying trend, addressing the failings of those involved in investigating the cause of main engine failures is of fundamental importance to the lawyer.
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