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Evidence Collection (Loss Prevention)


Year: 2016
Language: english
Author: The Shipowners P&I
Genre: Guide
Format: PDF
Quality: eBook
Pages count: 38
Description: The Shipowners’ Club insures its Members for their liabilities to third parties arising out of
the operation of ships including, amongst others, liabilities related to personnel, collision,
damage to or loss of property, cargo and pollution.
Whilst the ship’s crew work in close conjunction with our Member’s shore management
towards a common goal of conducting shipboard operations in a safe manner and in
compliance with the relevant statutory regulations, unfortunately incidents do occur.
These events expose our Members and the Club to claims, some of which may be
substantial in terms of the costs involved and/or the liabilities incurred.
The ability of the Club to defend a claim depends greatly on the evidence and records that
are made available to the Club, its lawyers, Correspondents and surveyors. In this regard,
the role of the ship’s crew at the time of an incident is of great significance. Appropriate
action with regards to collecting, preserving and presenting necessary evidence may
help protect the Member and assist in mitigating potential claims.
The actions of the ship’s crew in collecting and preserving evidence should be independent
of the perceived seriousness of the incident, as a number of cases, especially pertaining
to personnel injury, may be presented many months or years after the alleged incident.
In such cases, contemporaneous evidence has greater importance as opposed to evidence
collected long after the incident has happened.
Apart from assisting in defending a claim by trying to establish the events leading up to
the incident, suitably collected and preserved evidence also plays its part in establishing
procedures and methods to prevent similar incidents from happening in the future and
can be a good source for training materials.

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