Marine Damage Commissioner in Spain

What Is a Marine Damage Commissioner?

A Marine Damage Commissioner is the technical professional responsible for:

• Inspecting damage following a maritime incident

• Determining the real extent of the loss

• Assessing technical responsibilities

• Analyzing operational circumstances

• Issuing an independent technical report

Their intervention is common in marine insurance matters and international maritime operations.

Intervention in Ships, Yachts, and Vessels

The service may be carried out on:

🚢 Merchant Vessels

• Container ships

• Tankers

• Bulk carriers

• Ferries

🛥 Yachts and Megayachts

• Structural damage

• Mechanical failures

• Navigation incidents

⛵ Recreational Craft

• Collisions

• Groundings

• Onboard fires

Each inspection is adapted to the vessel’s structural characteristics and applicable maritime regulations.

General Average and Particular Average

✔ General Average

When a voluntary sacrifice is made to preserve the maritime venture, the commissioner analyzes:

• Cause of the event

• Technical necessity of the decision

• Proportional allocation of costs

✔ Particular Average

Refers to individual damages suffered by the vessel or cargo without a common sacrifice.

Correct classification is essential for the proper settlement of maritime claims.

Maritime Cargo Inspection

A Marine Damage Commissioner may also intervene in:

• Cargo damage

• Moisture-related claims

• Contamination

• Improper stowage

• Contractual non-compliance

Technical assessment is crucial in logistics and port-related claims.

Assessment of Technical Responsibilities

The technical analysis may include:

• Verification of operational conditions

• Maintenance record review

• Hull structural analysis

• Evaluation of technical documentation

• Identification of contributing factors

This approach allows for well-founded and defensible conclusions.

Technical Report for Insurers and Shipowners

The report may include:

• Detailed description of damages

• Probable technical causes

• Preliminary valuation

• Photographic documentation

• Technical recommendations

It is commonly used in:

• Hull & Machinery (H&M) claims

• P&I Club matters

• Maritime legal proceedings

• Contractual negotiations

Technical and Professional Rigor

Acting as a Marine Damage Commissioner requires:

• Naval structural expertise

• Knowledge of maritime regulations

• Practical inspection experience

• Technical independence

Objectivity and precision are fundamental in the management of maritime casualties and claims.