ABSTRACT
This chapter focuses on product liability and the effect on it of the use of electronics and cyber-control in the shipping world. Autonomous and computer-regulated shipping is and growing in importance. Negligently-caused malfunction of computer controls can readily cause accidents giving rise to injury, whether to crew, passengers, salvage operatives or ordinary bystanders. The complaint against NKK was by comparison ancillary: its alleged sin was a mere negligent failure to ensure the carrier lived up to its own obligations, and to that extent made any case against it rather less compelling. Despite the lack of any right to limit, it lies ill in the mouth of a negligent defendant to object to liability merely because he has caused the person employing him to be liable independently of any fault in the latter. Assuming therefore that causation and fault are proved, duty of care is unlikely to raise difficulties and liability is on principle straightforward.
