RISKS OF THE SEA.

Auckland Star, Volume LX, Issue 307, 28 December 1929, Page 3

RISKS OF THE SEA.

THE MANUKA WRECK. PASSENGERS' LUGGAGE LOST. WHOSE LIABILITY? The loss by the passengers on the wrecked steamer Manuka of all their baggage will incline intending travellers to consider what risks of similar* loss they may incur, and what steps should be taken to guard against it, comments the "Nelson Evening Mail." The principal fact to be taken into account is that the shipping companies purport to absolve themselves from all liability by the conditions on which they issue tickets to passengers. Many; people who sign on the dotted line at the foot of a ponderous column of small type on the contract form relating to tixe ticket they buy do not attempt to understand what they are thus committed to, beyond the fact that they expect to be carried safely between two certain ports. The following is one of 18 clauses comprising the conditions on which one of tne shipping companies issues its passenger tickets:—"The company is not liable in respect of the passenger for loss of life or lor personal injury or in respect of goods for loss or damage of whatsoever nature where the same shall arise from or be occasioned by the act of God, perils and accidents of the seas or rivers, or machinery, boilers, or steam navigation, or other accidents, whether of a like nature or otherwise, or of de-. fault or error of judgment or negligence of pilot, master, mariners, engineers, stevedores, servants, or others employed by the company, whether in the navigation or management of the steamers or otherwise, or of breach of warranty of steamer or equipment, or of lire i„ioat ' or ashore, delay, or detention on the voyage, steamers not meeting, compulsion of the King's' enemies, Princes, rulers of people, quarantine, riots, strikes, lockouts, or other labour disturbances, piracy, robbery, or theft by land or sea, whether by servants of the company or otherwise, or of effects of climate, heat of holds, vermin on board, coaling on the voyage, or for breakage of glass, china, earthenware, cast iron, or other brittle or fragile goods, or for risk of craft or transhipment." ■ On the face of it, acceptance of these conditions by the passenger seems to deprive him of all right of claim against the company in the event of damage or loss of any kind, in any circumstances. In practice, however, disputes do sometimes arise, and may have to be settled in the Courts of law. While the owner of a ship is thus definitely absolved from liability for losses due to '"acts of' God," he may not be able to escape responsibilities which the law places upon him as a "common carrier." For instance, if the loser can prove that the loss was caused by some default on the part of the shipowner's servant or servants, he may be able to establish a claim for compensation against the shipowner, as a common carrier. A wreck may be due to a storm or other act of God; or it may be more directly due to a mistake in navigation. In this, and numerous other cases of less serious loss, liability for compensation, if the question arises, may depend on the finding of. facts as to whether there was human error, or whether an act of God was responsible. Broadly speaking, the shipping companies confine their responsibility to the carriage of the passengers and cargo. Therefore passengers or shippers require to weigh the risks to which their baggage or cargo is exposed and take appropriate steps to cover themselves against loss. The fact should not be lost sight of that on various occasions very generous treatment has been extended to shipwrecked passengers by the shipowners. Usually it has been made clear that the compensation given has been an act of grace, and not an acknowledgment of. liability. Many people who travel do not devote any thought to the question of insuring their belongings against possible damage or loss; at any rate, a great many do not take out any cover. The insurance companies offer a variety of policies, covering different classes of risk, and some of a comprehensive nature, guarding against marine risk?, theft, pilferage, and non-delivery.