Cable damage and liability of fishing vessels
Subsea cables are quite literally the arteries of our digital world. Every day they carry billions of data streams—from phone calls and emails to financial transactions. Yet these cables often lie exposed on or just beneath the seabed. For fishermen they are invisible, but the consequences of contact with a net or fishing gear are immediately tangible. A cable break can cost millions of euros and disrupt international data connections for days. It is therefore no surprise that cable damage increasingly leads to legal proceedings. The central question: who is responsible for the damage?
Cable damage: more than a collision between ships
Dutch civil law includes the concept of “damage collision” (“schadevaring”, Article 8:541 Dutch Civil Code). This legal framework also covers damage caused by a vessel without a traditional collision between ships. When a fishing vessel damages a subsea cable, this can legally fall under damage collision.
However, the application of this article is far from straightforward. Courts have reached differing outcomes in recent years—sometimes ruling in favor of the cable operator, sometimes in favor of the fishermen.
Case law evolving in maritime law
In 2018, the Amsterdam Court of Appeal ruled that fishermen were liable for cable damage. The key principle was that vessels must act cautiously and prevent damage. Four years later, in 2022, the Rotterdam District Court reached a different conclusion. According to that ruling, fishermen were not automatically liable unless it could be proven that the cable had been properly and sufficiently buried in the seabed.
At the same time, the court emphasized the obligation of “good seamanship.” Anyone fishing above a cable known to be partially exposed assumes an increased risk. Good seamanship means taking precautionary measures.
In 2024, the Court of Appeal in The Hague confirmed this approach. International conventions do not provide strict rules, but the trend is clear: fishermen are expected to haul their nets or take other measures when crossing a cable to prevent damage.
What does this mean in practice for the maritime sector?
For cable operators, this means demonstrating that their cables are properly buried and clearly marked on nautical charts. For fishing vessels, the focus lies on caution and documenting preventive actions. For insurers, assessing whether good seamanship was exercised—and whether fishermen could reasonably have taken precautions—is becoming increasingly critical. The legal landscape continues to evolve, and with each ruling the balance shifts between cable operators and fishermen.
How our lawyers can help
Our maritime team has extensive experience with cable damage disputes. We represent both cable operators and fishing companies, as well as their insurers. We combine in-depth legislative knowledge with up-to-date case law. From the first notification of damage to potential appeal proceedings, we stand firmly alongside our clients.
Liability and maritime expertise combined
We provide advice not only on cable damage and liability of fishing vessels, but also on strategy: how to collect evidence, how to evaluate the chances of success, and which route—negotiation, arbitration, or litigation—is most effective. Want to know more? Contact us.