The tragic sinking of the yacht, the Bayesian, owned by Mike Lynch, in Italian waters just off Palermo. The successful rescue of 15 passengers and crew which was achieved by the swift attendance of the Italian rescue teams. The question now arises as to whether there were any breaches in maritime law regarding the question of the safety of the vessel. The sinking of the Bayesian represents a complex maritime disaster, raising significant questions of liability, negligence, and regulatory compliance.
The sinking will be investigated to determine the cause and look into the question of liability. The yacht had been sailing close to the Sicilian coast with a party of guests who had key roles in lengthy fraud trial in connection with the sale of Autonomy to Hewlett Packard, resulting in Mike Lynch and other defendants being found not guilty. There will be questions for the crew involved in the celebratory cruise.
Giorgio Bianco, a partner, commented "a privately owned yacht is subject to the same maritime law and safety rules applicable to chartered vessels and commercial vessels. The Italian authorities will begin an investigation to review the measures taken to protect the passengers and crew members in light of the weather conditions." Giorgio further mentioned "The Italian Authorities are investigating all aspects of the incident and will scrutinise everything including the construction of the yacht and the steps taken by the crew to address the risk of the storm".
Giambrone & Partners' commercial lawyers point out that the whilst the International Maritime Organisation, (IMO) an agency developed by the United Nations, has a strong focus on commercial shipping it also addresses privately owned vessels and regularly updates the conventions across maritime issues covering safe navigation. The signatory countries are expected to ensure that vessels that sail under their flag conform to the safety rules and carry out statutory obligations, such as assessing the strength and the integrity of the hull, that the design of the steering systems, propulsion and generators are satisfactory and can maintain the essential services.
The investigation into the causes of the sinking and where the liability may lay is being carried out by the Italian Authorities Under the United Nations Convention on the Law of the Sea (UNCLOS), as the yacht is in Italian waters. An expert from the Department of Economic Sciences at the University of Palermo, commented "In maritime accidents, there is almost always a human error at the root of it...the crew of a ship of that size must be prepared for anything..."
The Bayesian was sailing under a British flag and therefore will be subject to the International Maritime Organisation (IMO) safety rules and four British inspectors are now in Sicily and will also make an assessment of the events leading to the sinking. The Italian inquiry is assuming that the tornadic water spout was the initial cause of the sinking. Questions will be asked as to whether the captain and crew had adequate knowledge of fact that a storm was approaching that was generating the phenomena had the potential to strike in this manner and therefore took the appropriate steps to maintain the safety of the vessel and passengers.
Other comments have questioned the design of the yacht, suggesting that the tall mast played a part in causing the yacht to list. The has been refuted by Giovanni Constantino, the CEO of the Italian See Group the company which makes the yachts stating the super yachts are unsinkable and the Bayesian had no flaws in its design. Also stating "...the vessels are the safest in the most absolute sense..." A number of theories have been suggested but until the Italian authorities have completed their investigations such speculation holds no weight.
Giambrone & Partners' commercial lawyers stated that when, as with the Bayesian sinking, there has been trauma, injuries and deaths as a result of an accident at sea, maritime law does, in some circumstances, there is a clause whereby the owner of the vessel can limit their liability in the event of negligence on the part of the captain and crew. However, such clauses do not apply where injury or death has actually occurred. Legal action on the part of the survivors following the conclusion of the inquiry depends on the deductions that are made by all parties looking into the tragic event. Giambrone & Partners has a thorough understanding of the legal challenges that arise from such maritime tragedies and the potential outcomes in court.
Giorgio Bianco, a partner, leads the Sardinian, Lyon and Tunis offices. He is qualified as Italian lawyer registered at the Bar of Sassari (Sardinia) since 2011, and the Bar of Lyon (France) since 2021. Previously, Giorgio has been shortlisted by the prestigious Italian legal magazine Top Legal for the award 'Best Italian young lawyer of the year'.
Giorgio initially worked in the Tunisian office, which he set up. Giorgio successfully strengthened his knowledge of international and Tunisian law during this time. He subsequently provided an invaluable contribution to the setting up of the Sardinian office in 2017, as well as opening a French desk for the Italian offices in 2019. In 2021 Giorgio made a further significant contribution to the opening of Giambrone & Partners France with its first office in Lyon.
Giorgio has previously taught as an expert in immigration law and intercultural mediation in 2017. He is frequently invited as an expert speaker relating to international law at a variety of conferences, seminars and other events.
Giorgio's main areas of expertise include International and cross-border civil and commercial law, international contracts, maritime law, real estate, French, Tunisian and Islamic Law. He also provides specialised legal expertise with respect to debt collection, corporate, arbitration, probate and family law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.