Liability of Vessels in California

Division 3, Chapter 1, Article 2 of the California Harbors and Navigation Code deals with liability of vessels generally. Section 420 makes a marine carrier liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire.

Section 421 provides that the liability of a common carrier by sea is further regulated by acts of Congress. Section 422 defines “perils of the sea” as including seven specified items.

Section 423 prohibits a marine carrier from stowing freight upon deck during the voyage, except where it is usual so to do, nor make any improper deviation from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight.

Section 424 makes the owner of a vessel pay to the owner of her cargo the market value, at the time of arrival of the ship at the port of her destination, of that portion of her cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel.

Section 425 allows a carrier by water, when in case of extreme peril it is necessary for the safety of the vessel or cargo, to throw overboard, or otherwise sacrifice, any or all of the cargo or appurtenances of the vessel. Throwing property overboard for such purpose is called jettison, and the loss incurred is called a general average loss.

Section 426 requires a jettison to begin with the most bulky and least valuable articles. Section 427 states that a jettison can be made only by authority of the master of a vessel, except in case of his disability, or of an overruling necessity, when it may be made by any other person.

Section 428 requires the loss incurred by a jettison, when lawfully made, to be borne in due proportion by all that part of the vessel, appurtenances, freightage, and cargo for the benefit of which the sacrifice is made, as well as by the owner of the thing sacrificed.

Section 429 requires the proportions in which a general average loss is to be borne to be ascertained by an adjustment, in which the owner of each separate interest is to be charged with that proportion of the value of the thing lost which the value of his part of the property affected bears to the value of the whole.

Section 430 states that, in estimating values for the purpose of a general average, the vessel and appurtenances are be valued as at the end of the voyage, the freightage at one-half the amount due on delivery, and the cargo as at the time and place of its discharge; adding, in each case, the amount made good by contribution.

Section 431 provides that the owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only if it is usual to stow such things on deck upon such a voyage.

Section 432 says that the law concerning jettison and general average is equally applicable to every other voluntary sacrifice of property on a vessel, or to an expense necessarily incurred, for the preservation of the vessel and cargo from extraordinary perils.