## Facts

- An unmanned, non-propelled barge, OCEAN STATES, was towed in Tampa Bay as part of a flotilla with two tugs.
- The towing arrangements included obtaining a Tampa Bay pilot; the pilots association designated Pilot B.F. Wiltshire.
- Wiltshire was a compulsory pilot required by law and was not selected or supervised by the barge interests.
- A riding crew was aboard the barge but did not navigate; it followed the pilot’s orders.
- During the tow, Wiltshire directed the towing operation, including tug positioning and instructions to the riding crew.
- Wiltshire misjudged wind and tide conditions and underestimated the power needed to control the flotilla.
- The barge collided with Baycon Barge #214 and damaged Amoco’s dock facility.
- The district court found Wiltshire’s negligence was the sole cause of the collision; there were no claims of unseaworthiness or crew negligence.

## Issues

1. Whether a non-propelled barge may be held liable in rem for collision damages when the sole cause is the negligence of a compulsory pilot not selected or supervised by the barge’s owner or interests.

## Decision

- The Eleventh Circuit affirmed judgment imposing in rem liability on the barge OCEAN STATES.
- The court held that the vessel’s in rem liability for a maritime tort can attach even when the only fault is that of a compulsory pilot.
- The absence of owner fault, crew fault, or unseaworthiness did not bar in rem recovery by the damaged property owners.

## Legal Principles

- In admiralty, a vessel may be treated as a juridical entity and held liable in rem for maritime torts committed through its navigation.
- In rem liability is not limited to situations where the vessel owner is personally at fault; it may arise from negligent navigation attributable to those directing the vessel’s movement.
- The compulsory status of a pilot may affect in personam liability of the owner in some contexts, but it does not categorically preclude in rem liability of the vessel for collision damage.
- Collision law favors providing injured third parties a direct remedy against the offending vessel as a source of security for maritime tort claims.

## Conclusion

The Eleventh Circuit upheld in rem liability against a towed, non-propelled barge for collision damages even though a compulsory pilot, not chosen or controlled by the barge interests, was solely negligent, confirming that owner or crew fault is not a prerequisite to condemn the vessel in rem.


Amoco Oil Co. v. M/V Montclair, 766 F.2d 473 (11th Cir. 1985)