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Maritime Law: Marine Casualty Investigations

Pratt's Energy Law Report

Despite decades of implementing international safety protocols, advancements in ship design, and an industry-wide focus and dedication to improved safety, marine casualties will continue to occur; maybe not as often, but they will happen. The author of this column provides guidance for attorneys representing owners during marine casualty investigations.

Importance of Preparedness

Without a doubt, shipping industry stakeholders should always strive to have zero days lost due to accidents. But, equally, the industry should also always be prepared to immediately respond to and investigate unfortunate events when they occur. In this regard, it is critical to understand the investigative process that sets in motion after a significant marine casualty occurs.

Investigating and providing legal representation for clients following a marine casualty has shown that, despite decades of implementing international safety protocols, advancements in ship design, and an industry-wide focus and dedication to improved safety, marine casualties will continue to occur; maybe not as often, but they will happen. Simply put, following all the safety protocols put in place may not be enough to avoid a casualty. Indeed, vessels of all sizes, large and small, transiting the world’s oceans, subject themselves to influences beyond their control that create the inherent risk of a casualty occurring.

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“Maritime Law: Marine Casualty Investigations,” by Zachary J. Wyatte was published in the March 2022 edition of Pratt’s Energy Law Report (Vol. 22, No. 3), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.

This article was first published in MAINBRACE: December 2021, Blank Rome’s quarterly maritime newsletter.