engleski

Claiming against a Negligent Salvor: Elements Necessary to Establish a Case of Salvor's Liability

The cases involving claims against negligent salvors are seldom in the practice. Whereas one could argue that the professional salvage industry is too professional to make grave mistakes on a steady basis and that the passing-by vessels offering assistance at sea are unlikely to create serious damage to the imperiled object of salvage, a rare opportunity to examine a claim against a salvor before a court or an arbitration tribunal is a result of the practical difficulties experienced by a salvee. A salvee is required to prove the salvor’s negligent performance, the costs of such proceedings are high, and the public policy of leniency towards salvors creates an additional obstacle to the successful claim. Unlike the non-professional salvors, the professional salvage industry exists with an aim to make profit from rendering salvage services, and it is up to the tribunals to ensure that the notion of profit does not conflict with the notion of service quality, and to additionally ensure that the consumers’(salvee’s) rights are dully protected.

salvage, salvor's liability, negligence, affirmative damages, exclusion of liability

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