Legal Definitions - marine risk

Marine risk refers to a danger or hazard inherent in or associated with maritime navigation, transportation, or commerce. These risks typically involve extraordinary natural events at sea, accidents specific to maritime operations, or other unforeseen circumstances that can cause loss or damage to vessels, cargo, or other property. It's a broad term often used in maritime law and insurance to describe the types of perils that can befall ships and their contents during sea voyages.

• Example 1: A large container ship, traveling across the Pacific Ocean, unexpectedly encounters a rogue wave – an extremely large and unpredictable ocean wave – during otherwise moderate weather. The wave crashes over the bow, damaging several containers on deck and causing some to be lost overboard.

  Explanation: The rogue wave represents a marine risk because it is an extraordinary and unforeseen natural event inherent to sea travel, causing damage to the vessel and its cargo. It's a peril that could not reasonably be anticipated or prevented by ordinary seamanship.

• Example 2: During a dense fog, a ferry navigating a busy shipping lane collides with a fishing trawler. Both vessels were operating with proper lights and radar, but the limited visibility and sudden appearance of the trawler made an evasive maneuver impossible, resulting in significant structural damage to both.

  Explanation: This collision exemplifies a marine risk as it is an accident specific to maritime operations, occurring due to challenging environmental conditions (dense fog) despite reasonable precautions. Such an event is a recognized hazard of sea navigation that can lead to loss or damage.

• Example 3: A yacht anchored in a seemingly sheltered cove during a calm evening is suddenly struck by an unforecasted, localized squall with hurricane-force winds. The yacht's anchor chain snaps, and it is driven onto rocks, sustaining severe hull damage.

  Explanation: The unforecasted and severe squall constitutes a marine risk. It's an extraordinary natural event at sea that caused damage to the vessel, despite the owner having taken reasonable precautions by anchoring in a sheltered location. The sudden and unpredictable nature of the weather event makes it a peril of the sea.