A Study on the Determination of Liability Proportions for Property Damage in Ship Collisions

Abstract

In maritime judicial practice, determining the proportion of liability for property damage resulting from vessel collisions remains a critical challenge. Although China’s Maritime Code establishes the fundamental principle of “liability proportionate to the degree of fault,” it lacks operational quantitative standards and a scientific fault classification system. This deficiency leads to significant variations in judicial rulings for similar cases, undermining the uniformity and fairness of legal application. This paper examines the determination of liability ratios for property damage resulting from vessel collisions, aiming to explore the theoretical foundations and practical approaches for liability apportionment and provide insights for refining China’s relevant regulations. The study first traces the evolution of the concept of vessel collision, clarifying the rationale for China’s legislation to include indirect collisions within its scope of regulation. Second, it delves into two core issues in China’s liability proportion determination while examining extraterritorial practices in shipping-developed nations like the UK and the US, offering valuable insights for institutional refinement. Building on this analysis, the paper proposes three improvement recommendations: establishing quantitative reference standards for negligence, adhering to objective negligence assessment criteria, and adopting a navigation-stage analysis approach for adjudication.