Personal Injury

The application of the Athens Convention is wider than the Hague-Visby Rules, it applies to any international carriage if: the ship is flying the flag or is registered in a State Party to this Convention. The contract of carriage has been made in a State Party to this Convention. The place of departure or destination, according to the contract of carriage, is in a State Party to this Convention. The crucial part of the Convention is Article 3 which reads thus: The carrier shall be liable for the damage suffered as a result of the death of or personal injury to a passenger and the loss of or damage to luggage if the incident which caused the damage so suffered occurred in the course of the carriage and was due to the fault or neglect of the carrier or of his servants or agents acting within the scope of their employment. The burden of proving that the incident which caused the loss or damage occurred in the course of carriage, and the extent of the loss or damage, shall lie with the claimant. Fault or neglect of the carrier or of his servants or agents acting within the scope of their employment shall be presumed, unless the contrary is proved, if the death of or personal injury to the passenger or the loss of or damage to cabin luggage arose from or in connection with the shipwreck, collision, stranding, explosion or fire or defect in the ship. In respect of loss of or damage to other luggage, such fault or neglect shall be presumed, unless the contrary is proved, irrespective of the nature of the incident which caused the loss or damage. In all other cases the burden of proving fault or neglect shall lie with the claimant. There is a qualification to liability in Article 6 which reads: If the carrier proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger, the court seized of  the case may exonerate the carrier wholly or partly from his liability in accordance with the provisions of the law of that. If an action is brought against a servant or agent of the carrier or of the performing carrier arising out of damage covered by this Convention, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the defences and limits of liability which the carrier or the performing carrier is entitled to invoke under this Convention. The time-bar under the Athens Convention is two years calculated from the date of disembarkation or, in the case of death, the date that disembarkation would have taken place. court.