MAN OVERBOARD! Now what?
Working on the high seas can be an exhilarating experience, but a seaman must always be alert to the danger of falling overboard.
Preservation of Records
Jana Byron Claims executive
Falling overboard is one of the most dangerous and life-threatening things that can happen at sea. This is especially so from a large vessel that is slow to maneuver. The man overboard situation often creates chaos and confusion aboard ship. But there are special procedures in place for dealing with such emergencies. Man overboard is a critical situation and steps need to be taken immediately by the master and crew to rescue the person in the water.
The purpose of this article is to provide some recommendations concerning how to minimize the owner’s potential legal exposure in the most common man overboard situations. In the Club’s experience, the three most common man overboard situations are the following:
1) a crewmember has gone missing and is presumed to have fallen overboard;
2) a man overboard incident is witnessed, an alert is sounded immediately and the person in the water is rescued; and
3) a man overboard incident is witnessed, but the person in the water is not rescued for any number of reasons and the person’s remains may or may not be recovered.
Each of these scenarios presents its own unique challenges.
13
No matter which man overboard scenario presents itself, the master should ensure that the ship’s man overboard protocol is followed. Periodically reviewing the man overboard protocol is essential. Once the emergency has passed, prompt steps should be taken to preserve all relevant ship documents and records. What documents and records may be relevant to the man overboard incident should be viewed broadly. It will surely include charts, logs, VTS data, emails to and from the ship regarding the incident, records of safety drills, maintenance logs for vessel equipment involved in the man overboard event and the rescue efforts. It may include other materials depending on the circumstances. For example, if the ship is equipped with security cameras or closed circuit monitoring, those tapes should be preserved. Prompt drug and alcohol testing of any witnesses or those involved in the rescue efforts may also be appropriate.
The crew should also document all steps taken in the rescue or recovery effort. Compiling and preserving this evidence in a timely matter can be essential in defending a claim for negligence or unseaworthiness brought against the ship owner by the victim or, depending on the outcome, the next of kin.
Reporting Requirements
The master should also be mindful of reporting requirements. When the ship is within the territorial waters of a sovereign nation, the incident should be reported to the appropriate maritime authorities. When the ship is on the high seas, reporting the incident to the authorities at the next port of call is usually appropriate. In some instances, whether the ship is within territorial waters or on the high seas, it may be also be necessary to report the incident to the flag state.
In all cases, the incident should also be reported to the P&I club as soon as possible since the assistance of a P&I correspondent at the next port of call will likely be required. P&I correspondents can assist in any number of ways, including by conducting an
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16