Silent-Yachts responds to $20m Alexander Marine yacht fire lawsuit

Austria-based shipbuilder Silent-Yachts has now shared a statement to rebut claims they were partially liable for a yacht fire in 2021 that saw over $20 million in damages. Alexander Marine, the US dealer for Taiwanese brand Ocean Alexander are suing Silent-Yachts, a German shipowner, a general cargo ship and a vessel chartering company for the total loss of two yachts and severe damages to a third during a trans-Pacific voyage.Photo: Maritime BulletinAlexander Marine is seeking damages in the US federal court for the Southern District of Florida for the parties involved in stowing and shipping five yachts in November 2021. Of those five, three were Ocean Alexander yachts and one was built by Silent-Yachts – It has also not been reported as to whether the fifth vessel received any damage, or who she belonged to.

The yachts were stowed onboard the 138.5-metre cargo ship BBC Virginia, operated by Briese Schiffahrt, both of which are involved in the lawsuit and accused of being unseaworthy. The yachts were travelling on a shipment from Taiwan to Florida when a fire is said to have broken out onboard. 

Ocean Alexander alleges that the fire originated in the vessel owned by a customer of Sempre Italia/Silent Yachts North America, both of whom are named Defendants in the lawsuit. A fourth defendant, Cross Chartering Yacht Transport allegedly violated the contract of carriage by failing to disclose the Silent Yachts yacht and putting the three Alexander Marine yachts on an unseaworthy vessel. 

Silent-Yachts has been producing solar-powered vessels for nearly a decade and a half, and discredits claims they were partially liable for the fire. Silent Yachts has reportedly sailed tens of thousands of miles without any defects in the drive or in the solar-powered system of any of its yachts and considers itself the world leader for solar electrically powered yachts.“The apparent reason for the accident was the incorrect positioning of the Silent 60 yacht and its incorrect fixing,” commented Michael Kohler, Founder and CEO of Silent-Yachts. “For unknown reasons, the Silent 60 was positioned transversally on the utmost end of the bow of the cargo ship - not longitudinally as shown in the loading papers. It was partially hanging over the deck of the cargo ship and with loose and insufficient fixing.”According to Silent-Yachts, “the severe weather conditions and the loose fittings caused the boat to slide heavily on the deck of the cargo ship in high waves, hitting the bow-bulb of the Ocean Alexander yacht, as well as the steel frames that were supposed to hold the yacht.”Silent Yachts has obtained images from surveyors which show holes in the side of the Silent 60 which Silent Yachts claims was caused by the bow of an Ocean Alexander vessel and which they state demonstrates the poor stowage of the vessels.According to surveyor reports of the incident, the Silent 60 catamaran was secured and latched to BBC Virginia by the ship’s crew, who were responsible for how it was secured on the vessel, under the supervision of the Chief Officer of BBC Virginia. However, neither the Load Masters from Complete Marine Freight STP nor Cross Chartering Yacht Transport International were present for the loading of the vessel, or to supervise the crew.Reports from the accident state that the BBC Virginia sailed from Kaohsiung, Taiwan at midnight on 26 November 2021 and in the early hours of 27 November 2021, she was cruising through the Taiwan Straits into severe gale winds measuring force nine on the Beaufort scale. In addition to this, the waves were measuring around eight-metres, which resulted in the BBC Virginia slamming heavily.

One surveyor indicated in a report that the Master had reported that “the vessel had encountered heavy weather and sea conditions during her transit in the Taiwan Straits on 27 November 2021. This resulted in the Silent 60 yacht being shifted to the bridge direction and mooring cleats of the yacht were detached from its original position. As a result, her port quarter was impacted by the bow of both Ocean Alexander yachts loaded at portside aft in the early morning.”

Alexander Marine filed a complaint on 12 December stating that “Based on the damaged condition of the affected yachts, all surveyors agreed that the fire started [in] either hatch number one — or the vessel stowed above it, noting that said vessel was a pile of ashes on inspection.” Silent Yachts contradicts this allegation, and claims that nowhere in their surveyor report does its surveyor agree that the fire started in hatch number one of the vessel. 

Alexander Marine said that after the fire had broken out, it quickly spread to three Ocean Alexander yachts, believed to be just under 30-metres, stowed above the adjacent hatches. As a result, two of the Ocean Alexander vessels were deemed total losses and the third suffered severe damage.

While Alexander Marine alleges in their complaint that the Silent 60 yacht was unfit and defective for the November 2021 shipment due to its “unproven and untested radical solar powering system.” The allegation has not been substantiated, nor has there been any cause determined for the fire. 

Silent-Yachts further indicated that “the accident could have happened to any other conventionally powered boat in the same position and conditions. The fire had nothing to do with the solar panels on the roof of the yacht. The solar panels, as well as the complete high voltage battery system of the yacht were switched off completely, [and there was] no power in [any of] the cables, concluded Michael Kohler.

It is reported by one counsel for Silent-Yachts that the lawyer for the plaintiffs, Alexander Marine, is the same attorney who represented the owner/customer of the Silent yacht. The owner was paid in full, in no small part due to the good faith efforts of Silent Yachts U.S. distributor, Sempre Italy, LLC d/b/a Silent Yachts North America.

Although the lawsuit does not specify exact damage amounts, it noted that the three Ocean Alexander yachts were worth $21 million.