Operational Excellence through Leadership and Compliance

Maritime Compliance Report

Welcome. Staying in compliance takes dedication, diligence and strong leadership skills to stay on top of all the requirements which seem to keep coming at a rapid pace. With this blog I hope to provide visitors with content that will help them in their daily work of staying in compliance. I hope you find it a resource worthy of your time and I look forward to your feedback, questions, comments and concerns. Thanks for stopping by. To avoid missing critical updates, don’t forget to sign up by clicking the white envelope in the blue toolbar below.

Towing Vessel Operators Must Choose Wisely - Part 2

In Part 1 of the series we discussed the implications of choosing the Subchapter M Towing Safety Management System (TSMS) third-party compliance option in regards to inspection procedures, as well as the legal implications in regards to the "Pennsylvania Rule" under maritime law. Another legal issue raised in the previously referenced paper by attorneys Marc Hebert and Barret Rice,  "Subchapter M from a Defense Lawyer's Perspective," is the legal principle of "negligence per se."

 


The paper refers to the common defense strategy in Jones Act cases of contributory negligence on the part of the plaintiff. Hebert wrote, "In a standard answer to a Jones Act claim, every defendant pleads the affirmative defense of contributory negligence – that the accident or injury was caused, wholly or in part, by the actions or neglect of the Plaintiff." According to Hebert, with the legal principle of negligence per se, a violation of a safety law or regulation, such as those contained in Subchapter M, creates a presumption of negligence and liability which the vessel operator must overcome through evidence that the violation was not the proximate cause of the accident. This makes the defense of contributory negligence more difficult for the defense. Hebert explains in the paper, "Thus, if the personal injury attorney proves the violation of a regulation and some causal connection between the violation and injury, the vessel owner may well be absolutely liable."


Again, Subchapter M will increase the probability that a vessel will be found in non-compliance simply due to the vast number of regulations it contains. Choosing the TSMS option and establishing written policies and procedures, which must be followed, increases that probability even further. Stay tuned for more… 

Towing Vessel Operators Must Choose Wisely - Part ...
Towing Vessel Operators Must Choose Wisely - Part ...
 

Comments

No comments made yet. Be the first to submit a comment
Guest
Monday, 10 February 2025

Contact Us

This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone: 504.249.5291

Copyright ©
Maritime Compliance International
All rights reserved | Privacy Policy

Maritime Compliance Report Sign-Up

Click here to subscribe to the Maritime Compliance Report blog for critical email updates on compliance issues.