Tag: casualty investigation

Anatomy of a Marine Casualty Investigation

Thomas H. Belknap Jr. and William R. Bennett III ●

William R. Bennett III, Co-Editor

Blank Rome’s maritime attorneys have been retained in the wake of many tragic maritime casualties that have resulted in the catastrophic loss of life, significant personal injury, damage to the environment, and loss of property. Examples include: the Staten Island Ferry’s allision with a maintenance pier; the blow-out and eventual loss of the Deepwater Horizon; the sinking of the El Faro; the collision of the USS John McCain with the M/V Alnic MC in the Singapore Strait; the Mexican Navy’s tall ship Arm Cuauhtémoc’s allision with the Brooklyn Bridge; and the M/V Dali’s allision with the Francis Scott Key Bridge in Baltimore.

Following decades of experience investigating and advising clients after marine casualties, it is a certainty that marine casualties will continue to occur, notwithstanding marked improvements in the implementation of international safety protocols, safety-related advancements in ship design, and an industry-wide focus and dedication to safety. They hopefully will not occur as often as they once did, but they will happen. And when they do, the scope of such casualties is increasingly larger and more complicated.

Obviously, maritime stakeholders should always strive for and celebrate a goal of zero days lost due to accidents. But industry stakeholders also should always be prepared to respond immediately to maritime casualties when they occur, and should know what an investigation around such casualties will entail.

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The Casualty Occurred, Now What? Preserve the Evidence!

Noe S. Hamra and Neil P. McMillan ●

After a marine casualty occurs, there will be many immediate actions for the relevant parties, including the vessel’s owner, manager, insurers, and counsel (“vessel interests”), to handle. Every incident has its own unique challenges, and this article will highlight some considerations regarding the preservation of evidence. Preservation of evidence is a critical step in the face of government investigations and in anticipation of litigation.

As a starting point, vessel interests will need to assemble an internal investigation team to assist with the initial response and investigation. This will include technical experts, consulting experts, and counsel who can assist with making sense of things in the immediate aftermath and in providing guidance and legal advice to the vessel’s crew.

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Marine Casualty Investigations: Legal Standards

Zachary J. Wyatte

Without a doubt, shipping industry stakeholders should always strive to have zero days lost due to accidents. But, equally, the industry should also always be prepared to immediately respond to and investigate unfortunate events when they occur. In this regard, it is critical to understand the investigative process that sets in motion after a significant marine casualty occurs.

Our experience investigating and providing legal representation for clients following a marine casualty has shown that, despite decades of implementing international safety protocols, advancements in ship design, and an industry-wide focus and dedication to improved safety, marine casualties will continue to occur; maybe not as often, but they will happen. Simply put, following all the safety protocols put in place may not be enough to avoid a casualty. Indeed, vessels of all sizes, large and small, transiting the world’s oceans, subject themselves to influences beyond their control that create the inherent risk of a casualty occurring.

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