A1 Refereed original research article in a scientific journal
Maritime Product Liability at the Dawn of Unmanned Ships – the Finnish Perspective
Authors: Felix Collin
Publisher: Sjørettsfondet
Publication year: 2019
Journal: Marius
Issue: 519
First page : 7
Last page: 48
Web address : https://www.jus.uio.no/nifs/forskning/publikasjonar/marius/arkiv/
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/43755665
The development of unmanned ships has raised the question of whether product liability could end up having a more central role in shipping in the future. This article aims to conceptualise the Finnish product liability framework in shipping and explore its impacts on unmanned shipping. On the one hand, the article argues that product liability rules could already be applied today to many shipping accidents, but the absence of case law indicates that there has usually been no need to make use of them. On the other hand, the article argues that unmanned ships will lead to an increasing number of cases where aggrieved parties can invoke the product liability rules, but it remains unlikely that unmanned ships could drastically affect the position of the Finnish Maritime Code as being the most common approach to seeking compensation, unless the liability rules are significantly changed. However, recourse actions may become significantly more common, which highlights the importance of contractually defining how liability between shipowners, shipyards, and component manufacturers is ultimately allocated.
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