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Dangerous Goods - Manufacturers Duty to Warn

The DG Harmony


In this case, the Court held the shipper of a consignment of calcium hypochlorite responsible for a fire which broke out on board the carrying vessel and led to the loss of ship and cargo. Although it did not have actual notice of the product’s true volatility, the Court held the shipper strictly liable under the U.S. Carriage of Goods by Sea Act ("COGSA") - even though the claimants were not parties to the bill of lading contract - on the ground that it was in the best position to determine the product’s true properties. The Court further held that the shipper was negligent in failing to determine the true nature of the risk in handling this cargo and for failing to warn the vessel about this danger

DMC's CaseNotes http://www.onlinedmc.co.uk/in_re_m_v_dg_harmony.htm

The full decision can be read on: http://www.tradewinds.no/multimedia/archive/00071/In_re_MV_DG_Harmony__71368a.pdf

 
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