HOW CREW ACTIONS INFLUENCE MARITIME CLAIMS: A PRACTICAL PERSPECTIVE

Published: 15 May 2025

Having spent nearly eight years working on board merchant ships before transitioning into the world of P&I claims, I have seen firsthand how the day-to-day actions of crew members can significantly impact the outcome of claims. Whether it is a cargo shortage, a collision, or containerised cargo damage, the way a crew handles routine operations, record-keeping, and incident response can determine whether a claim is defensible or leads to costly liabilities.

CARGO SHORTAGE AND CARGO DAMAGE: THE IMPORTANCE OF ACCURATE DOCUMENTATION AND CREW VIGILANCE

Cargo shortage claims are common in bulk and liquid trades, often arising when discrepancies appear between shore-side and ship figures. The crew’s handling of documentation and reporting can greatly influence how a claim unfolds.

Furthermore, the vigilance of crew when moving around the ship and undertaking normal duties is important. The crew members working closest to cargo operations – such as pump room personnel, deck ratings, and officers on watch – are often the first to notice something that doesn’t look quite right. Recognising and reporting potential issues early can prevent claims from escalating.

PRACTICAL ACTIONS FOR CREW

Draft Surveys, Ullage Readings & Tank Soundings: Ensuring that draft surveys (for bulk cargoes) or ullage readings (for liquid cargoes) are conducted meticulously can provide a strong defence in shortage claims. Any disagreements with shore-side figures should be documented, and a Letter of Protest issued if needed. Tank soundings for liquid cargoes should be recorded in the deck logbook and any anomalies reported immediately to the officer in charge.

The Condition of Dry Cargoes: For dry cargoes such as soybeans, grain, or corn, crew should be alert to signs of moisture, discoloration, or heating during loading or discharge, as well as to signs of foreign material amongst the cargo. If any areas of the cargo appear damp, discoloured, or emit an unusual smell, it is important to report the issue to the master so that appropriate actions, such as issuing a protest, or potentially arranging for a surveyor to attend, can be taken before the issue escalates into a claim.

Containerised Cargo: On a container ship, a crew member who notices a reefer container with a disconnected power supply, or an unusual temperature reading, should act immediately to allow repairs and/or remedial action to be carried out.

COLLISIONS AND ALLISIONS: THE ROLE OF EFFECTIVE WATCHKEEPING AND VOYAGE DATA RECORDER (VDR) ANALYSIS

Collisions and allisions are among the most expensive and legally complex claims we see. While navigational errors are often cited as causes, investigations frequently reveal that lapses in watchkeeping discipline, miscommunication, or poor bridge resource management play significant roles in incidents.

When a collision occurs, the first priority, after safety, should be securing and preserving evidence, and one of the most critical sources of evidence is the VDR. The VDR data is likely to become the focus of intense scrutiny by P&I clubs, lawyers and marine experts on both sides of the dispute.

The VDR continuously records a range of navigational and operational data, with inputs from ECDIS/Radar/AIS, and audio recordings from the bridge, capturing helm and engine commands, conversations between officers and crew, VHF exchanges and more. The information helps paint a picture of what happened on the bridge leading up to the impact.

It is important to emphasise that the officer of the watch and any additional lookouts must maintain constant situational awareness. Any developments, such as another vessel manoeuvring unexpectedly, an unclear COLREGs situation, or deteriorating visibility, should be reported and addressed immediately. Many incidents could be avoided if bridge teams acted earlier on warning signs. The VDR will capture any conversations and/or course changes or engine orders, and these details can be used in the ship’s defence. Accurate and timely log entries also assist, since they clearly document key events leading up to a collision and can be used as evidence of the crew’s actions.

Once a collision claim is reported, the P&I club will appoint lawyers and marine experts to analyse this data. They will be looking for indications of navigational failures, breakdowns in bridge teamwork, or operational pressure from commercial interests, as well as actions and procedures that show prudence and professionalism (since these positive actions assist in painting a positive picture of the Bridge team and the running of the ship. If a collision is significant enough, a lawyer may visit the ship to get a better understanding of events. It is important to be as honest as possible with any lawyers or experts appointed on behalf of shipowners, since it is harder for them to do their job in defending a claim without the truth, whether it is good or bad.

A CULTURE OF VIGILANCE REDUCES LOSSES

The officers and crew on board are the primary witnesses to most P&I claims, which often reach claims handlers miles away and long after the event. The evidence collected at the time, along with proactive crew actions, recognising anomalies, reporting promptly, and responding effectively, can significantly impact claim outcomes.

Every crew member plays a role in minimising liability and protecting the ship’s interests. Simple actions such as keeping accurate logs, maintaining cargo and securing arrangements, and handling surveyors professionally, can make a significant difference in whether a claim is defensible or results in a costly loss.

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