a brief guide for shipowners
Inland shipping is the lifeblood of Germany’s transport network, with rivers like the Rhine, Main, and Elbe serving as vital arteries for goods and passengers. Unfortunately operating in these waters brings inherent risks, including personal injuries to crew, passengers, or third parties. For shipowners, understanding the legal and practical aspects of personal injury claims is crucial to managing liabilities and maintaining operational continuity. As a trusted partner in inland shipping NNPC Correspondents is able to assist with any matter in German waterways. This article explores the framework for personal injury claims on inland ships in Germany, common pitfalls, and how NNPC Correspondents can assist.
applicable regulations
Personal injury claims on inland ships in Germany are governed by a blend of national and European regulations including:
- German Civil Code (Bürgerliches Gesetzbuch – BGB): Sections 823 et seq. outline tort liability, requiring claimants to prove negligence, causation, and harm. Compensation covers medical costs, lost income, and Schmerzensgeld (pain and suffering), typically lower than in Anglo-Saxon jurisdictions
- German Commercial Code (Handelsgesetzbuch – HGB): Section 664 HGB holds shipowners liable for injuries caused by their vessels unless force majeure or the claimant’s sole fault is proven. Maritime liens under Section 596 HGB prioritize personal injury claims, ensuring claimants are compensated even in insolvency scenarios.
- EU Regulations: Directive 2009/45/EC sets safety standards for passenger ships, while Regulation (EC) No 392/2009 mandates insurance for passenger injuries on vessels carrying over 12 passengers. These apply to many inland ships in Germany.
- Athens Convention (1974, as amended): For cross-border routes, this convention governs passenger injury claims, imposing a two-year time limit for filing from the date of disembarkation.
Personal injuries on inland ships can arise from a range of incidents including injuries during work onboard, equipment-related injuries, collisions or groundings as well as illness and disease. These incidents not only disrupt operations but also expose shipowners to financial and reputational risks, underscoring the need for robust insurance and proactive risk management.
NNPC Correspondents is able to assist with our specialist team and network of experts. For example in a recent case a shipowner faced a significant claim after a crew member was injured due to a winch failure. NNPC’s rapid response—coordinating medical repatriation, negotiating with the claimants and ensuring that the captain was duly supported during the investigation of the incident meant that the matter could be resolved quickly without legal proceedings and the authorities were satisfied that the shipowner had taken all appropriate measures and further investigation was not necessary.
recommendations
In relation to personal injury in Germany we recommend the following:
a.Conduct Routine Inspections: Schedule regular vessel inspections to identify hazards, from slippery decks to outdated equipment.
b.Maintain Clear Records: Document all incidents, maintenance logs, and crew training sessions. These records are critical in defending against claims alleging negligence and to show that the shipowner has complied with the legal and regulatory requirements.
c. Engage Promptly: Notify NNPC Correspondents immediately after an incident. Our 24/7 claims team ensures swift action, from coordinating medical care to negotiating settlements.
Personal injury claims on inland ships in Germany can be complex, but with the right support, shipowners can navigate these challenges with confidence. Whether you’re facing a claim, seeking to reduce risks, or ensuring compliance with new regulations, NNPC Correspondents is here to support you every step of the way.