Legal Definitions - valid judgment

The Vallescura rule is a principle in maritime law that addresses situations where cargo is damaged during sea transport due to multiple contributing factors, and the shipping company (the carrier) is legally exempt from responsibility for at least one of those factors.

Under this rule, if a carrier wants to limit its liability, it bears the burden of proving exactly how much of the loss or damage was caused by the factor for which it is exempt. If the carrier cannot clearly distinguish between the damage caused by the exempt factor and the damage caused by factors for which it *is* responsible, then the carrier will be held liable for the *entire* loss.

This rule essentially places the responsibility on the carrier, who typically has better access to information about the voyage and the conditions of the cargo, to disentangle the causes of damage when multiple factors are at play.

• Example 1: Electronics Damaged by Storm and Improper Securing

  A company ships a container of sensitive electronics overseas. During the voyage, the ship encounters an exceptionally severe storm, an "Act of God," which is often a cause for which the carrier is exempt from liability. However, investigators also discover that the container was not properly secured within the ship's hold by the carrier's crew before departure. When the electronics arrive, they are extensively damaged. The carrier argues that the storm caused the damage, but cannot definitively prove how much of the damage was solely due to the storm versus the inadequate securing. Under the Vallescura rule, because the carrier cannot separate the damage caused by the exempt storm from the damage caused by its own negligence (improper securing), the carrier would likely be held responsible for the entire loss of the electronics.

• Example 2: Perishable Goods Spoiled by Inherent Vice and Refrigeration Failure

  A carrier transports a shipment of fresh produce in a refrigerated container. Upon arrival, the produce is spoiled. An investigation suggests two potential causes: first, the produce might have had an "inherent vice" (meaning it was already close to spoilage when loaded, a factor for which carriers can sometimes be exempt); and second, the ship's refrigeration unit experienced a malfunction due to poor maintenance by the carrier's crew. The carrier claims the spoilage was due to the produce's inherent condition. However, if the carrier cannot provide clear evidence distinguishing how much spoilage was due to the produce's natural state versus the impact of the faulty refrigeration, the Vallescura rule would hold the carrier liable for the total spoilage of the produce.

• Example 3: Chemical Leak from Collision and Inadequate Containment

  A vessel carrying industrial chemicals experiences a leak after colliding with an uncharted underwater object, an unforeseen event that might exempt the carrier from liability for the initial impact. However, it is also determined that the ship's crew failed to follow established emergency protocols for containing chemical spills, significantly worsening the environmental damage. The carrier attempts to argue that the collision was the primary cause of the leak and subsequent damage. Yet, if the carrier cannot clearly demonstrate how much of the overall environmental harm would have occurred solely from the collision versus the additional damage caused by the crew's inadequate response, the Vallescura rule would likely make the carrier responsible for the entirety of the environmental damage.