Section 194: Claims subject to limitation

194. Claims subject to limitation (1) Subject to section 195, a claim shall be subject to limitation of liability regardless of the basis of liability where it is— (a) in respect of loss of life or personal injury or loss of or damage to property, including damage to harbour works, basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of the ship or with a salvage operation, and any consequential loss; (b) in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage; M62 – 91 [Issue 2] Merchant Shipping Act (c) in respect of other loss resulting from an infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or a salvage operation; (d) in respect of the raising, removal, destruction or rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board the ship; (e) in respect of the removal, destruction or rendering harmless of the cargo of the ship; or (f) made by a person other than the person liable, in respect of measures taken in order to avert or minimise loss, for which the person liable may limit his liability in accordance with this Part, and further loss caused by those measures. (2) A claim referred to in subsection (1) shall be subject to limitation of liability even if brought by way of counter claim or for indemnity under a contract or otherwise, but a claim referred to in subsection (1) (d), (e) or (f) shall not be subject to limitation to the extent that it relates to remuneration under a contract with the person liable. (3) For the purposes of this Part, the liability of a shipowner shall include liability in an action against his ship, and the act of invoking limitation shall not constitute an admission of liability. (4) A person liable shall not be entitled to limit his liability where it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.