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Maritime Transport Act 1994

Liability where 2 or more ships involved

95: Damages for personal injury

You could also call this:

"Getting compensation if you're hurt on a ship due to another ship's fault"

Illustration for Maritime Transport Act 1994

If you are on a ship and get hurt because of the fault of two or more ships, the owners of those ships are responsible. You can claim damages from any or all of the ship owners. The ship owners still have the right to defend themselves in court and to limit how much they have to pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336224.

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Crime and justice > Police and safetyMoney and consumer rights > Consumer protectionTransport and travel > Boating

Part 8Liability where 2 or more ships involved

95Damages for personal injury

  1. Subject to subsection (2), where, by the fault of 2 or more ships, any person on board one of the ships is killed or injured, the liability of the owners of the ships shall be joint and several.

  2. Nothing in subsection (1) shall—

  3. deprive any person of any right of defence on which, had this section not been enacted, that person might have relied in an action brought against that person by the injured person or by any person entitled to sue in respect of the death of any person on board; or
    1. affect the right of any person to limit that person’s liability in the manner provided by law.

      Compare
      • 1952 No 49 s 470
      • 1987 No 184 s 23