A Legal Perspective On The Viral Ferry Incident: Waves Of Liability?

Just a while ago, Attorney Ugo Lord did a video in which he uncovers a difficult legal issue that has been trending. The video shows a ferry moving in rough water, thus water flows inside the ferry damaging the vehicles on board. Nevertheless, the story is yet to reach its end. We can say that the true twist is in forming the legal problem.

Attorney Ugo Lord’s Reaction

Ugo Lord, famous for his legal interpretations of daily life, joins the mix with his own point of view. According to Lord, the conditions and stipulations of most ferry operators contain an exculpatory clause. This means that they are not responsible for any damage that may occur to vehicles while the ferry is running.

Here’s the catch: “exculpatory agreements or clauses can’t waive away negligence”. as Attorney Lord explains.

Lord argues that if the captain had the knowledge of rough waves and unfavorable weather conditions beforehand but he still opted to take the ferry, it is the duty of the ferry operator to pay the damages.

The video implies that, in fact, the weather was known prior, and yet the ferry went operational leading to damages to vehicles on board. This could be the first step to a time bomb of legal disputes.

“The ferry still chose to operate, resulting in the damages to these cars, which makes the ferry liable for all the damages that happen next”. Lord concludes.

The Legality of Exculpatory Clauses

Exculpatory clauses are common in contracts for services, such as amusement parks or airplane rides. They are a form of insurance, protecting the service provider from liability claims. Nevertheless, this may not be always considered in the court of law particularly where they are not specifically stated or are too broad to safeguard public interest.

Exculpatory contracts which seek immunity from liability for willful acts, recklessness or intentional torts are void and will not be legal.

This implies that a ferry operator cannot simply hide behind the exculpatory clause in case he intentionally acts with gross negligence or wilful misconduct like deliberately operating in hazardous weather conditions.

Although the final conclusion will depend upon a variety of factors such as the content of contract and degree of negligence, it is evident that the ferry operators can be legally responsible for the damages. This example also points to the fact that exculpatory clauses are far from being a “panacea” to litigation.

Wrapping Up

To sum up, the video presents a dramatic view of a ferry ride turned into a disaster, but at the same time, it gives a base for a lively discussion about the legal liability and the limits for exculpation clauses.

As the video further spreads and ignites conversation, social media is beginning to be more than just a viral hub — it is also proving to be a stage for legal education, which contributors like Attorney Ugo Lord are delivering.