Product liability refers to a situation where clients assign liability to the manufacturers or sellers of a product when the sold product defaults client-seller agreement. Recently, the Ever Given, a large container ship, got stuck in the Suez Canal, causing a global traffic jam as other ships and boats were denied access to the canal. This report seeks to identify who or what should take liability for the Suez blockage incident.
Res Ipsa Loquitur is a Latin phrase that is defined as "the thing speaks for itself." In the legal world, the Latin phrase is mainly used in injury law when the negligence of one party leads to the harm of another. An example is when a doctor leaves surgical equipment within their patient. In such a case, a plaintiff must put forth a set of evidence that should prove a defendant's negligence. In this situation where the plaintiff produces specific circumstantial facts, it becomes the defendant's problem to demonstrate they were not negligent.
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After the Ever-Given incident became world news, the ship's captain, Marwa Elselehdar, was blamed for blocking the Suez Canal. According to Cheetham (2021), Marwa was the first Egyptian woman to become a captain. She attained her title after enrolling to study at the Arab Academy for Science, Technology and Maritime Transport (AASTMT). At the time of the Ever Given's incident, Marwa was working as a first mate in command of the Aida IV, which was in Alexandria.
The Ever-Given ship had on board two Egyptian pilots who are generally responsible for advising the captain on navigating through the Suez Canal. A report details that the two pilots on board the Ever Given were highly experienced with over thirty years of experience. Additionally, the two held senior ranks, with both being titled as senior chief pilots (Raghavan et al., 2021). The Egyptian maritime law states that pilots are not liable for any damages that arise during their watch of a ship.
The large size of the Ever Given brings with it a set of new requirements that ought to be followed to steer such a ship on the right course. One requirement is the wind speed of the course of these ships should be considered. The Ever Given is approximately 400 meters long and 60 meters wide. This size means that when stacked with containers, the cargo ship becomes a solid obstacle in the wind's path. Another requirement is huge ships require a lot of distance and time for them to accelerate or stop. This means that stopping such a ship becomes complex and challenging as experience and skill become essential factors that a huge ship's captain should have.
Weather is an essential factor that plays a unanimous role in any human activity. Reports from the Ever-Given incident conclude that the day's weather was the leading cause of the inc ident (Gambrell, 2021) . T he reports show that before the ship entered the canal, it got hit by a strong gust of wind that was measured to travel at speeds of about 50km/hr. Additionally, the strong winds caused a sand storm to occur in the Suez area resulting in visibility issues, ultimately causing the Ever Given to be trapped in the Suez Canal.
References
Cheetham, J. (2021, April 4). Marwa Elselehdar: 'I was blamed for blocking the Suez Canal . Retrieved from BBC News: https://www.bbc.com/news/world-middle-east-56615521
Gambrell, J. (2021, March 24). Massive cargo ship turns sideways, blocks Egypt's Suez Canal . Retrieved from Kare 11: https://www.kare11.com/article/news/nation-world/cargo-ship-suez-canal-trapped/507-3ca6964c-3ac2-4b13-867c-38d87366ea5d
Raghavan, S., Taylor, A., & Mellen, R. (2021, March 29). Suez Canal pilots come under scrutiny after grounding of ship . Retrieved from the Washington post: https://www.washingtonpost.com/world/2021/03/29/suez-canal-pilots/
