Given the move toward automation, an increased focus on the liability for technical defects must be anticipated. This brings into play liability regimes that have traditionally been less used in the maritime area. One of these liability regimes is product liability. It is the purpose of this contribution to examine the implications of product liability rules in the maritime area, seen in light of the automation of ships.
ABSTRACT: Climate change provides for improved conditions for maritime navigation and results in increased activity in the Arctic. Those increased activities influence the safety at sea and risk of accidents. A disaster as the Costa Concordia incident would have far more serious consequences in Greenlandic waters than it had in Italy, therefore the question of prevention and disaster-preparedness is crucial. One approach to avoid risks is to create specific legislation. The legal system guiding safe navigation of cruise ships in/around Greenlandic waters is complex: the legal regime for navigation is set in different general and specific international, regional and national legal acts, partly non-binding, therefore issues of effectiveness arise. Safety is also influenced by practical issues, e.g. the lack of sufficient nautical charts for Greenlandic waters and “preparedness” at land to handle potential disasters, such as the SAR-system and preparedness of different actors, for example hospitals.
Background: Fishing is a risky occupation as injuries and fatalities in fishing vessels are quite common. This paper investigates the pattern of injuries aboard fishing vessels in Denmark to get a better understanding of areas where further action is needed to reduce the number of injuries and fatalities in Danish fishing vessels. Materials and methods: Data for this study, extracted from the Danish Fishermen’s Occupational Health Service’s database (in the period 1998–2012) and the Danish Maritime Authority’s accident report from 2013 to 2016, include 1840 injuries in Danish fisheries. Result: The results showed decreased injuries in the study period from 45 injuries and deaths per 1000 fishermen reported to the authorities to 12 injuries and deaths per 1000 fishermen in 2016: 2.1% (n = 39) of all reported injuries in the study period resulted in the death of a fisherman and the remaining injuries resulted in sick leave of more than one day; 52.5% (n = 600) of reported injuries involved fishermen who have less than one year’s experience of employment; 29% (n = 407) of injuries took place between 12:00 and 16:00, and the second largest number of injuries, 23.3% (n = 324), took place between 8:00 and 12:00. The incident rate of slip/fall injuries has decreased from 10.06 per 1000 fishermen in 1998 to 3.84 in 2016. The incidence rate of injuries caused by crushing also decreased, from 9.32 accidents per 1000 fishermen in 1998 to 2.56 in 2016. Most of the injuries, 74.5% (n = 1307), happened on the deck of the vessel. Sprain/strain was among the most common injuries (34.2%; n = 538) followed by fracture (24.8%; n = 391). Conclusion: This study indicated that the number of injuries had been gradually decreasing in Danish commercial fishing vessels in the period from 1998 to 2016. The rate of injuries had been declining due to several initiatives such as the establishment of The Danish Fishermen’s Occupational Health Services, training, safety campaigns, technological improvement and structural changes in fisheries management. However, there are still places for improvement.
The sea ice in the Arctic has shrunk significantly in the last decades. Partly as a result, the transport pattern has changed with more traffic in remote areas. This change may increase the risk of accidents. The critical factors are harsh weather, ice conditions, remoteness and vulnerability. In this paper we look into the risks of accidents in the Atlantic Arctic based on previous ship accidents and the changes in maritime activity. The risk has to be assessed to ensure a proper level of response in emergency situations. As accidents are rare, there are limited statistics available for Arctic marine accidents. Therefore, in this study a mostly qualitative analysis and expert judgement is the basis for the risk assessments. Implications for the emergency preparedness system of the region are discussed. The consequences of incidents depend on the incident type, scale and location,