Section 98: Liability for collision

98. Liability for collision (1) Liability for collision damage, including damage to ships, their cargoes, the effects or other property of the crew, passengers or other persons on board, or to third parties, shall be apportioned according to the degree of fault of each ship involved in a collision. (2) Where it is not possible to determine the degree of fault of each ship, or it appears that the faults are equal, liability shall be apportioned equally. (3) There shall be no presumption of fault against a ship for a contravention of any regulations relating to collisions without proof of fault or negligence. (4) Where a collision is accidental or caused by force majeure, or the cause is left in doubt, the damages shall be borne by those who have suffered them, notwithstanding that the ships, or any one of them, may have been at anchor, or was otherwise made fast, at the time of the collision. (5) Where a collision is caused by the fault of one of the ships, liability to make good the damage shall attach to the one which has committed the fault. (6) In respect of damage caused by death or personal injury, the ships at fault shall be jointly and severally liable to third parties, without prejudice, however, to the right of the ship which has paid a larger part than that which, in accordance with subsections (1) and (2), it ought ultimately to bear, to obtain a contribution from the other ship at fault. (7) Collision liability shall attach in accordance with this section in a case where the collision is caused by the fault of a pilot, whether or not the pilot is required to be carried by law. (8) The right of action for the recovery of damages resulting from a collision is not conditional upon the entering of a protest or the fulfilment of any other special formality. (9) Where no collision has actually taken place, liability for damage to the ships involved in the incident, or to goods or persons on board the ships resulting from the execution or non-execution of a manoeuvre or a contravention of any regulations relating to collisions, shall be determined in accordance with this section. (10) This section shall have effect notwithstanding any other enactment.