Case report
Lack of Conditions for the Safe Work of a Crew Member: Behaviour Contrary to Lege Artis
Vesna Skorupan Wolff
Abstract
A certain method of tying fenders was common practice of the defendants (shipowner); however, such a method was not in accordance with lege artis. Tying fenders contrary to lege artis represents a danger for the crew member handling them, and thus it is considered that the damage was caused by dangerous material or through dangerous activity. The loss caused by dangerous material or through dangerous activity is the responsibility of the shipowner in accordance with the general rules concerning the responsibility for damage caused by dangerous materials or dangerous activities (Article 161, paragraph 2 of the Maritime Code). At the same time, acting contrary to lege artis does not take into account the safety of the ship’s crew member, so the shipowner must be held responsible for the loss that the crew member suffered at work or in connection with the work on board due to the lack of conditions for safe work (Article 161, paragraph 3 of the Maritime Code). Upon deciding on the liability of the shipowner, the court chose to apply the stricter rule prescribed in Article 161, paragraph 3 of the Maritime Code, since it in essence contains the basis set out in Article 161, paragraph 2 of the Maritime Code.
Keywords
Hrčak ID:
341018
URI
Publication date:
12.12.2025.
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