The allegation of negligence on the part of the staff in managing the incident
- According to the plaintiffs, the captain of the ship and his crew failed to take the necessary steps in the face of the events of that day, and in fact did nothing, in a manner that would hold them, or at least them, responsible for what happened that day, including by virtue of the Shipping (Seamen) Law, 5733-1973.
- First, the plaintiffs' claim regarding the liability imposed on the ship's crew members by virtue of the Torts Ordinance caused by ships in navigation must be removed from the ground, since the liability under this Ordinance rests solely on the navigation stage, whereas the event in question did not occur during or as a result of the ship's navigation, but rather during its loading while it was in custody (see and compare with the Sidaar case).
The judgment in Other Municipal Applications 4530/91 Ports and Railways Authority v. ZIM, to which the plaintiff referred, has no real relevance to his case [Nevo], since that judgment dealt with the damage that occurred at the navigation stage, and not at the loading stage (and even there, it was found to impose half of the liability on the port operator who employed the pilot, despite the "absolute" liability imposed on the ship owner at the navigation stage by virtue of the Torts Ordinance caused by ships in navigation).
- I did not find any substance in the plaintiffs' claims regarding liability in torts on the part of the ship's crew with regard to the loading process and the decisions made during it.
As stated, the responsibility for managing the loading process rests in principle with the port operator and the person in charge of loading on its behalf, who have the authority to decide on various steps in this regard, including the provision of binding instructions to the captain of the ship.
Indeed, the ship's crew does not exempt itself from any liability even during the loading stage while the ship is confined, and the Ports Regulations (loading and unloading oils) also impose liability on the crew in a variety of matters, including supervision of ropes and tie-down cables (see, for example, section 24(4) of the Regulations).