On March 16, 2024, the container ship YM WITNESS caused a serious accident as a result of collision with the quay cranes while trying to berth at Evyap Port. In this incident, three harbour cranes in the port were overturned and many containers were damaged. Following that, the port authorities have announced that the determination of the causes and the development of the accident are on-going in cooperation with official authorities, but it is estimated that a significant amount of damage has occurred as a result of this accident.
In this context, it will be necessary to legally assess potential claims and receivables of both the cargo owners and the other damaged parties depending on each specific case and the party related to the accident. Furthermore, it should be considered to notify the ship owner as well as the parties that have provided the relevant transportation services, in writing, of the losses and damages incurred as a result of the accident. In addition, it is advisable to make the necessary notifications to the insurance companies of the damages incurred as a result of the accident immediately. Accordingly, as a basis for potential compensation claims, the issue of determining the damages incurred as a result of the accident through court action should also be considered.
Additionally, upon the accident, the captain of the YM WITNESS, as the representative of Seaspan Holdeo LVIII Ltd. has filed a lawsuit in accordance with Articles 1328 et seq. of the Turkish Commercial Code and the International Convention on Limitation of Liability for Maritime Claims, for the establishment of a fund by submitting a bank letter of guarantee in Turkish Lira equivalent of SDR 59,289,848.00 as a substitute for the container ship against all maritime claims that may have arisen as a result of the accident. The demand of the plaintiff is to limit its liability for maritime claims arising from the accident by establishing a fund.
In this context, the lawsuit filed by the Istanbul 17th Commercial Court of First Instance for the establishment of a fund in relation to the accident occurred at the Evyap Port has been notified by public announcement (https://www.ilan.gov.tr/ilan/1469523/tebligat-ve-duyurular-adli-ilan-ve-tebligatlar-mahkeme-kararinin-ilanen-tebligi), and it is advisable for the claimants or damaged parties to submit a written application to the relevant court file at this court.