Introduction
The complex structure of maritime transport and the unpredictable events that may occur at sea have made maritime accidents one of the most significant risk areas in commercial activity. Maritime accidents may take the form of collisions, sinking, grounding, fire, cargo loss, and more. When such accidents occur, the ensuing liabilities and compensation regime are addressed in detail under both Turkish Law and international regulations. In particular, the Turkish Commercial Code (TCC) contains comprehensive provisions concerning the scope of liability, burden of proof, insurance relations, and compensation claims.
1. What is Types of Maritime Accidents?
A maritime accident can be defined as any sea-related incident that causes material damage to a vessel or cargo, environmental pollution, death or injury, or commercial loss. The main types of maritime accidents are:
- Collision: The crashing of two or more vessels.
- Sinking or Grounding: The vessel sinking or running aground and becoming unseaworthy.
- Fire and Explosion: Fires, explosions, or detonations occurring on board.
- Salvage: The rescue of a vessel or cargo following an accident.
- General Average: Extraordinary sacrifices or expenses made to preserve the vessel and cargo from peril.
- Environmental Pollution: Damage caused by the spillage of oil or hazardous materials into the sea.
2. Legal Liability Regimes in Maritime Accidents
a) Carrier (Shipowner/Captain) Liability
Under the Turkish Commercial Code, the carrier is generally liable based on fault for any damage caused to passengers, cargo, or third parties during the carriage. However, there are certain cases where the carrier’s liability is limited or completely excluded.
Conditions of Liability
- An actual loss or damage must have occurred as a result of the accident,
- There must be a causal link between the accident and the loss,
- Usually, fault (negligence) of the carrier or their servants must be present.
Grounds for Exclusion of Liability
According to Article 1178 et seq. of the TCC, the carrier is not liable if:
- The accident was caused by force majeure,
- The vessel’s unseaworthiness could not be attributed to the carrier,
- The accident resulted from fire or gross negligence of third parties.
Limitation of Liability
The carrier may limit their liability per vessel to a certain amount (see TCC Article 1328 and following; 1976 London Convention on Limitation of Liability for Maritime Claims).
b) Shipper and Cargo Owner’s Liability
The shipper may be held liable for damages caused by incorrect declaration or improper loading of the cargo. Cargo owners may also be directly liable if the cargo on board is dangerous or is misdeclared.
c) Insurance Relations
Marine insurance (hull, cargo, freight insurance) is the primary instrument used to cover losses arising from maritime accidents. Typically, the damages resulting from a maritime accident are compensated by the insurer within the policy limits. Under Turkish law, the insured also has a duty to take reasonable measures to prevent loss or mitigate damages.
3. What are International Conventions and Standards?
The following international conventions are especially relevant to maritime accident liability:
- 1976 London Convention (LLMC): Concerning the limitation of liability and compensation limits for shipowners.
- 1992 CLC (Civil Liability Convention): Special rules for compensation of environmental pollution from oil spills.
- Hamburg and Rotterdam Rules: Regulating the carrier’s liability, burden of proof, and compensation regime.
- Technical Conventions (SOLAS, MARPOL, etc.): Setting safety and environmental protection standards.
4. Turkish Court Decisions on Maritime Accidents
The Turkish Court of Cassation (Yargıtay) generally focuses on the determination of fault, causality, compensation limits, and insurance relations in disputes arising from maritime accidents.
Court of Cassation, 11th Civil Chamber, 2015/5894 E., 2017/3229 K., 11.5.2017:
“If, following a maritime accident, the vessel is found unseaworthy due to the carrier’s or their servants’ gross negligence or failure to take necessary precautions, liability cannot be limited. The burden of proof lies with the defendant.”
Court of Cassation, 11th Civil Chamber, 2014/5783 E., 2015/8536 K., 29.6.2015:
“In cases of damage resulting from a collision, shipowners may be held jointly liable under the rules of general average. The particular terms of the insurance policy must be considered for compensation claims.”
5. Litigation and Claims Following Maritime Accidents
The main legal actions that may be brought after a maritime accident include:
- Compensation Claims: For material and moral damages,
- Insurance Claims: Against the insurance company,
- Environmental Damage Claims: For administrative and criminal penalties in cases of pollution,
- General Average Actions: For apportionment of extraordinary sacrifices among cargo owners.
Such lawsuits are typically filed either at the court where the incident occurred or at the court mutually agreed upon by the parties.
Applications for interim injunctions and evidence preservation are also particularly important for swiftly determining losses in maritime transport.
Conclusion and Evaluation
Maritime accidents generate serious liabilities, both in terms of maritime commerce and their environmental and economic consequences. The Turkish Commercial Code and international conventions establish a detailed liability regime, aiming to increase predictability in maritime trade.
Engaging specialized legal support is of great importance, especially for the determination of liability, limitation of liability, and insurance relationships, considering the high-value damages often involved in maritime accident.
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