Nov 1990 · Tasmania, Australia
Trawler master asleep alone at the wheel after under 6 hours' sleep in 48 runs into fish farm: owners lose right to cap liability
A deep-sea trawler heading for the fishing grounds ran at full speed for about 15 minutes after its master, alone in the wheelhouse, fell asleep, and grounded in a salmon farm, causing extensive damage and the escape of about 4,000 fish. The master had slept less than six hours in the previous 48. The Federal Court found the owners knew of his tendency to work excessive hours, gave no watchkeeping directions and had not fitted available watch or radar alarms, so they could not limit their liability to about $34,000 and faced damages likely in the hundreds of thousands.
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