Navigation Losses and Liability

Division 2, Chapter 3, Article 2 deals with losses and liability in navigating the waters of California. Section 290 provides that, if a collision is occasioned by failure to observe any rule of Article 1 of this chapter, the owner of the vessel by which the rule is infringed cannot recover compensation for damages sustained by the vessel unless the circumstances of the case made a departure from the rule necessary.

Section 291 states that damage to person or property arising from the failure of a vessel to observe any rule of Article 1 of this chapter, is deemed to have been occasioned by the willful default of the person in charge of the deck at the time, unless the circumstances of the case made a departure from the rule necessary.

Section 292 provides that losses caused by collision are to be borne in three specified ways.

Section 293 states that, where damage arises out of, or is caused directly and proximately by, the acts of an owner or operator, any owner or operator of any vessel engaged in specified activities are absolutely liable without regard to fault for any property damage incurred. The terms “owner or operator” and “hazardous substance” are defined.

Section 294 provides that any person responsible for natural gas, oil, drilling waste, or exploration is absolutely liable without regard to fault for any damages incurred by any injured party which arise out of, or are caused by, the discharge or leaking of natural gas, oil, or drilling waste into or onto marine waters, or by any exploration in or upon marine waters, from any of four specified sources.

A responsible person is not liable to an injured party under this section for any of six specified damages. Upon motion and sufficient showing by a person deemed to be responsible under this section, the court is required to join to the action any other person who may be responsible under this section. In determining whether a party is a responsible person under this section, the court is required to consider the results of any chemical or other scientific tests conducted to determine whether oil or other substances produced, discharged, or controlled by the defendant matches the oil or other substance which caused the damage to the injured party. 

The defendant has the burden of producing the results of tests of samples of the substance which caused the injury and of substances for which the defendant is responsible, unless it is not possible to conduct the tests because of unavailability of samples to test or because the substance is not one for which reliable tests have been developed.

The court may award reasonable costs of the suit, attorneys’ fees, and the costs of any necessary expert witnesses, to any prevailing plaintiff. This section does not prohibit any person from bringing an action for damages caused by natural gas, oil, or drilling waste, or by exploration, under any other provision or principle of law, including, but not limited to, common law.

The following terms are defined: “damages,” “injured party,” “natural gas,” “exploration,” “oil,” “drilling wastes,” “person,” and “responsible person.”