Section 176: Liability of carrier
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
176. Liability of carrier
(1) A carrier shall be liable for the damage suffered as a result of the
death of or personal injury to a passenger and the loss of or damage to luggage where the incident which caused the damage occurred in the course of
the carriage and was due to the fault or neglect of the carrier or of his agent
acting within the scope of his employment.
(2) Subject to subsections (3) and (4), a claimant shall have the burden
of proving—
(a) that the incident which caused the damage occurred in the
course of the carriage, and the extent of the damage; and
(b) fault or neglect on the part of the carrier or of his agent acting
within the scope of his employment.
(3) Where the death of or personal injury to the passenger, or the loss of
or damage to cabin luggage, arose from or in connection with the shipwreck,
collision, stranding, or explosion of, or fire or defect in, the ship, there shall
be a rebuttable presumption of fault or neglect on the part of the carrier or
his agent acting within the scope of his employment.
M62 – 85 [Issue 2]
Merchant Shipping Act
(4) In respect of loss of or damage to luggage other than cabin luggage,
there shall be a rebuttable presumption of fault or neglect on the part of the
carrier or his agent acting within the scope of his employment, irrespective
of the nature of the incident which caused the damage.