Section 135Part 6 — PREVENTION OF COLLISIONS AND SAFETY OF NAVIGATION
Collision liability
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135. (1) Liability for collision damage, including damage to vessels, their cargoes, the effects or other property of the crew, passengers or other persons on board, or to third parties, shall be apportioned according to the degree of fault of each ship involved in a collision.
Where it is not possible to determine the degree of fault of each vessel, or if it appears that the faults are equal, liability shall be apportioned equally.
There is no presumption of fault against a ship for a contravention of the Collision Convention without proof of fault or negligence.
If a collision is accidental or caused by force majeure, or if the cause of the collision is in doubt, the damages caused by the collision shall be borne by those Merchant Shipping Act, 2024 Section 136 c Act 1 of 2024 Page 85 who have suffered them, notwithstanding that the vessels, or any one of them, may have been at anchor, or was otherwise made fast, at the time of the collision.
If a collision is caused by the fault of one of the vessels, liability to make good the damage shall attach to the one at fault.
In respect of damage caused by death or personal injuries, the vessels in fault shall be jointly and severally liable to third parties, without prejudice, however, to the right of the vessel which has paid a larger part than that which, in accordance with subsections (1) and (2), it ought ultimately to bear, to obtain a contribution from the other vessel or vessels at fault.
Collision liability shall attach in accordance with this section in cases where the collision may be caused by the fault of a pilot whether or not the pilot is carried by compulsion of law.
The right of action for the recovery of damages resulting from a collision is not conditional upon the entering of a protest or the fulfilment of any other special formality.
Where no collision has actually taken place, liability for damage to the vessels involved in the incident, or to goods or persons on board the vessels resulting from the execution or non-execution of a manoeuvre or a contravention of the Collision Convention shall be determined in accordance with this section.