(1) If non-contractual claims are asserted for loss of or physical damage to the goods against one of the carrier’s servants, then such servants as well may avail themselves of the exemptions from liability and limitations of liability provided for under the present Subtitle and under the contract for the carriage of general cargo. The same applies if the claims are asserted against a member of the ship’s company.
(2) Recourse to the releases and limitations of liability pursuant to subsection (1) is ruled out if the debtor has acted intentionally or recklessly and with knowledge that such damage would probably result.
(3) If both the carrier and one of the persons mentioned in subsection (1) are responsible, due to fault or neglect, for the loss of or physical damage to the goods, they are liable jointly and severally.