| Award 1251

Ship building – Offshore cruising – Accident at sea after three and a half years’ navigation – loss at sea of the rudder blade and part of the steering gear – Yachtbuilder’s liability for hidden defect – Evidence not provided.
After more than three years’ navigation, a 23-metre yacht suffered an accident at sea during which its port rudder blade was lost, along with the related steering gear parts, entailing a serious leak that was stopped up thanks to the intervention of the local maritime authorities. After two appraisals, the yachtbuilder is deemed liable in respect of its guarantee against hidden defects for fitting the steering gear (article L. 5113-4 of the transport code). For want of positive evidence of the existence of such defects, the Arbitral Tribunal dismissed the owner’s claim, the cause of the damage remaining uncertain and undetermined.