A ship that arrived at the Ashdod port to load fuel was moored to a marine terminal operated by the Israel Electric Corporation. Despite the winds at the location strengthening significantly, the ship was left moored to the terminal for several hours. As a result of the continuous load, the mooring cables snapped and disconnected, causing severe damage to the marine terminal.
The Court dismissed the Israeli Electric Corporation claim for damages for the damage to the mooring and held that the decisive liability for the incident lies with the Israel Electric Corporation, as the operator of the mooring. Unlike the stage where a ship navigates into the port, during which strict liability for any damage applies to the ship and its owner, general tort law applies at the stage when the ship is already moored in place. During the port mooring stage, the knowledge, control over the equipment, and experience lie distinctly with the entity operating the port. This entity is considered the "cheapest cost avoider", and it alone possesses the authority to issue binding instructions to the foreign ship's crew. Here, the captain who served as the pilot and loading master, acting on behalf of the Israel Electric Corporation, failed to assess the situation in real time given the strengthening winds, and delayed issuing the instructions to disconnect the fuel pipe and release the ship from mooring for several hours. Therefore, the ship and its crew were not held liable for the damage.