Aansprakelijkheid

Iedere partij – zoals reder, kapitein, verscheper – draagt zijn eigen verantwoordelijkheid. De verantwoordelijkheid is dus beperkt. Voor het deel dat men verantwoordelijk is, kan men zich verzekeren.

Als iemand werkt zoals het hoort, maar er loopt toch iets mis, dan dekt de verzekering de schade.

Oil Pollution Act OPA 90 legt een dubbele verantwoordelijkheid: de eigen verantwoordelijkheid en de verantwoordelijkheid binnen elke staat.

Binnen de Verenigde Staten van Amerika geldt bijvoorbeeld in Florida of in San Francisco een grotere verantwoordelijkheid.

Hier draagt de reder de volledige verantwoordelijkheid, omdat iedereen schade lijdt indien er wordt vervuild. De stranden, hotels en bootverhuur trekken jaarlijks toeristen.

Het risico dat de reder loopt, is voor hen onbeperkt. Iemand die beweert dat hij kanker heeft opgelopen als een gevolg van vervuiling door olie, kan schadevergoeding eisen voor de rechtbank.

Opvallend is het ontbreken van aansprakelijkheid bij de classificatiebureau‘s en vooral de scheepswerven.

Waar in de vliegtuig– en auto-industrie de fabrikanten verantwoordelijk worden gehouden voor ontwerpfouten, ontbreekt dit vrijwel volledig in de scheepvaart.

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