C4.2.1.f. Are there any exceptions to shipowner liability?

Under Standard A4.2.1 paragraph 5, national laws or regulations may exclude the shipowner from liability in respect of:

(a) injury incurred otherwise than in the service of the ship;

(b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; and

(c) sickness or infirmity intentionally concealed when the engagement is entered into.

Standard A4.2.1, paragraph 6, allows national laws or regulations to also exempt the shipowner from liability to defray the expense of medical care and board and lodging and burial expenses insofar as such liability is assumed by the public authorities. Guideline B4.2.1, paragraph 2, recognizes that national laws or regulations may provide that a shipowner ceases to be liable to bear the costs of a sick or injured seafarer from the time at which that seafarer can claim medical benefits under a scheme of compulsory sickness insurance, compulsory accident insurance or workers’ compensation for accidents.

Shipowners’ liability