MARITIME CASES.

The value of exercising due diligence.

A case that points up the value of being able to prove that due diligence was exercised in making a Ship seaworthy involves cargo damaged by sea water that entered the Ship’s hold through leaky flanges on four overboard drains from the ship’s sanitary system. This incident occurred during the maiden voyage of the ship.

Five owners of cargo brought suit for damage to cargo stowed in No. 4 lower hold. The cargo was loaded in New York and discharged at 4 South American port. It was found that the cargo had been thoroughly wet by salt water about 4 ft deep in the cargo compartment. It was determined that the water had gotten there through leaky flanges on pipes of the sanitary system that ran through the compartment and that the leaks were the result of faulty construction.

During the course of her construction, the ship was subjected to constant tests by representatives of the Coast Guard, American Bureau of Shipping, Maritime Commission, and various manufacturer representatives. All of these men made various tests at various times to determine the ship’s seaworthiness. She was tested further during her trials. Finally, after her delivery to the owners, the ship’s officers made a visual inspection of the ship, especially of the interiors of all holds and particularly the pipes and connections within the holds. No evidence of leaking, such as water stains, was found.

The court found that the cargo in No. 4 lower hold did suffer substantial damage from sea water, but it also found that the damage did not occur through failure of the carrier to exercise due diligence in making the ship seaworthy at the time the cargo was loaded.

Thus, we see that a latent defect not discoverable by due diligence was held to exonerate the ship from liability, but it is important to be aware of the fact that due diligence must be proved. Accurate and complete log book entries describing all efforts along these lines are an invaluable aid in this regard.

MARINE CARGO OPERATIONS
Copied from a book of Captain Charles L. Sauerbier, USNR
Master Mariner