CandleFocus

Both-to-Blame Collision Clause

Candlefocus Editor
A both-to-blame collision clause exists to ensure that if two ships, who are both at fault for the collision, can both be financially liable for the damage caused. This clause is applicable where both thenavigating vessels of the two ships are at fault and have breached their legal duty of care by failing to take reasonable steps to avoid a collision.The both-to-blame collision clause shifts the burden of liability from the cargo insurers to both the vessel owners involved in the crash.

The clause requires that, in the scenario of a ship collision, the two affected vessels split the resulting damages among them. This means that if two vessels collide, both will be responsible for a certain portion of the damage costs, no matter which vessel was directly responsible for the collision.

This type of policy exists in order to help prevent careless navigation on the part of vessels navigating the same waters. The sharing of liability between the two vessels serves as an incentive for the vessels to be more careful with their navigation and use the utmost caution. It also helps limit the financial burden of liability on any one vessel.

At the same time, the both-to-blame collision clause can serve as a last line of defense against an incident which lands an innocent vessel in unexpected damages. This provision helps to protect vessels from more serious financial losses which may have been caused by the negligence of another vessel.

The both-to-blame collision clause is an important part of marine insurance and maritime law. As maritime activity becomes increasingly global, this clause ensures that vessel owners remain accountable for their actions on the water by punishing and deterring careless behavior. The clause highlights the need for responsible and attentive navigation, which is essential for the safe passage of vessels and the protection of those travelling on them.

Glossary Index