Marine Casualty and the Persons Liable
Article 92 of the Maritime Code of Georgia governs liability for a marine casualty caused by a vessel: this liability rests with the captain of the ship, and where the casualty occurred through the fault of a pilot performing professional duties, it also rests with the pilotage service. When an accident involving a boat or a ship has occurred, it is precisely this provision that determines against whom a claim will be brought and who must expect a property demand.
A special rule concerning pilots is built directly into the law: damage caused by a pilot is compensated through compulsory insurance of civil liability. This means that the injured party addresses not the pilot personally but the insurance mechanism, which in practice increases the chance of the claim actually being satisfied. The plan of action after an accident should rest on the three instruments established by the Code — the sea protest, the procedure for its registration, and the note or act of an independent surveyor.
Sea Protest — What It Is and When It Is Declared
Under Article 356 of the Code, if during the period of navigation or stay of a vessel an incident occurs that may be regarded as a ground for bringing a property claim against the shipowner, the captain of the ship declares a sea protest in the established manner, in order to secure evidence protecting the rights and lawful interests of the shipowner. The sea protest is a documentary form by which the captain records the circumstances of the incident and safeguards the shipowner’s position in a future dispute or insurance proceedings.
The declaration of a sea protest must describe the circumstances connected with the incident, as well as the measures taken by the captain to protect the property entrusted to him. It is precisely these substantive elements that determine the evidentiary value of the protest: a detailed description of the circumstances and a list of protective measures subsequently help the shipowner prove its diligence and reduce or entirely avoid liability. It is therefore critical for the captain not to leave circumstances vague in the protest and not to omit a single significant measure taken to protect the property.
Where and How the Protest Is Registered
Article 357 determines where and how the statement of sea protest is submitted for registration. In a port facility of Georgia the statement is submitted, for the purpose of recording, to the Agency in a notarially certified form. In a port of a foreign country the statement is submitted to a consular officer of Georgia or to a local competent person in accordance with the legislation of that country.
The practical conclusion is clear: the form and place of the protest depend on where the vessel enters or which is the first port after the incident. In a Georgian port facility the requirement of notarial certification applies, which gives the statement the force of a public document; in a foreign port one must follow local rules or approach the consular officer. In both cases it is impermissible to confine oneself to recording the protest merely in the ship’s log — registration as established by law is mandatory.