Article 2. Liability, Generally of California Harbors And Navigation Code >> Division 3. >> Chapter 1. >> Article 2.
A marine carrier is liable in like manner as an inland
carrier, except for loss or injury caused by the perils of the sea or
The liability of a common carrier by sea is further regulated
by acts of Congress.
Perils of the sea are:
(a) Storms and waves.
(b) Rocks, shoals, and rapids.
(c) Other obstacles, though of human origin.
(d) Changes of climate.
(e) The confinement necessary at sea.
(f) Animals peculiar to the sea.
(g) All other dangers peculiar to the sea.
A marine carrier shall not stow freight upon deck during the
voyage, except where it is usual so to do, nor make any improper
deviation from or delay in the voyage, nor do any other unnecessary
act which would avoid an insurance in the usual form upon the
The owner of a vessel is bound to pay to the owner of her
cargo the market value, at the time of arrival of the ship at the
port of her destination, of that portion of her cargo which has been
sold to enable the master to pay for the necessary repairs and
supplies of the vessel.
A carrier by water may, when in case of extreme peril it is
necessary for the safety of the vessel or cargo, throw overboard, or
otherwise sacrifice, any or all of the cargo or appurtenances of the
vessel. Throwing property overboard for such purpose is called
jettison, and the loss incurred is called a general average loss.
So far as possible, a jettison shall begin with the most bulky
and least valuable articles.
A jettison can be made only by authority of the master of a
vessel, except in case of his disability, or of an overruling
necessity, when it may be made by any other person.
The loss incurred by a jettison, when lawfully made, shall be
borne in due proportion by all that part of the vessel,
appurtenances, freightage, and cargo for the benefit of which the
sacrifice is made, as well as by the owner of the thing sacrificed.
The proportions in which a general average loss is to be borne
shall be ascertained by an adjustment, in which the owner of each
separate interest shall be charged with that proportion of the value
of the thing lost which the value of his part of the property
affected bears to the value of the whole. But an adjustment made at
the end of the voyage, if valid there, is valid everywhere.
In estimating values for the purpose of a general average, the
vessel and appurtenances shall be valued as at the end of the
voyage, the freightage at one-half the amount due on delivery, and
the cargo as at the time and place of its discharge; adding, in each
case, the amount made good by contribution.
The owner of things stowed on deck, in case of their jettison,
is entitled to the benefit of a general average contribution only if
it is usual to stow such things on deck upon such a voyage.
The law concerning jettison and general average is equally
applicable to every other voluntary sacrifice of property on a
vessel, or to an expense necessarily incurred, for the preservation
of the vessel and cargo from extraordinary perils.