Voyage Data Recorders and their Role in Litigating Maritime Casualties

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The relationship between a vessel owner and the master of an ocean going ship has created many of the nuances unique to maritime law. In the age of sail, the master was seen as the agent of the owner and had authority to act on his behalf and make business decisions in far flung ports of call. Technological advances have changed the concept of the master from the autonomous agent of the owner once the vessel breaks ground, to something more akin to a seagoing manager charged with the stewardship of a very expensive business unit. With satellite communications, e-mail, sat-phone communications and shipboard teleconferencing owners and operators can monitor day-to-day shipboard operations like never before. Similarly, all of these activities can be digitally recorded.

Technology is changing the face of maritime law; as ships become equipped with more information gathering devices, the role of the ship's lawyer must also adapt to these new evidentiary problems - he must understand the kind of evidence being captured and how it may be used. With regard to litigation of collision matters, for example, unless the VDR’s data can be challenged as unreliable, the information it contains will obviate the need for many of the traditional machinations employed in litigating such claims. This should result in a savings of legal fees and expenses, and foster prompter resolution of such claims.

James T. Brown and Paxton N. Crew of Legge, Farrow, Kimmitt, McGrath & Brown L.L.P. Houston have prepared a paper which discusses the implications of VDR for those involved in litigating maritime casualties in civil, administrative and potentially criminal proceedings. The paper, reproduced here with their kind permission, was first presented at the June 2010 meeting of the Southeastern Admiralty Law Institute.

 

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Voyage Data Recorders - "CSI on the High Seas" (0.05 MB)