Preserving Electronic Navigation Evidence

When a casualty occurs, litigation almost inevitably follows. For this reason, it is critical that, following a casualty, vessel owners and operators act quickly to determine what electronic navigation data exists and how it can be preserved. In the United States, vessel owners have an affirmative duty to preserve electronic evidence that may be relevant to pending or anticipated litigation. Just as important, however, the wealth of electronic data created by modern navigation systems can greatly assist an owner's presentation and proof of its claims or defenses.

Courts in the United States have made it clear that unique electronic data, such as that created by navigation systems, must be preserved if it could be relevant in litigation. This duty to preserve extends not only to evidence relevant to pending litigation, but also to evidence that could be relevant to litigation that is reasonably foreseeable in the future. This duty also may be imposed by flag-state