Original scientific paper
LIABILITY FOR DEATH AND PERSONAL INJURY OF A CREWMEMBER – THE DEVELOPMENT OF CROATIAN LEGAL SOLUTIONS
Petar Kragić
; Tankerska plovidba d.d., Zadar
Diana Jerolimov
; Tankerska plovidba d.d., Zadar
Abstract
The article gives an overview of the development of Croatian maritime law in the areas related
to liability for death and personal injury of crew, such as: (i) entities liable on the ship’s
side (Who is liable?); (ii) jurisdiction (Where to sue?); (iii) basis of liability (On what ground
may a crewmember claim?); (iv) direct action (May a crewmember sue the liability insurer?);
and (v) mediation and arbitration (How to efficiently resolve disputes?).
The Croatian Maritime Code (CMC) provides that operator (disponent owner), ship’s manager,
company under ISM Code and employer are jointly and severally liable for the crew
claims. The article suggests that the ship owner should be added to the list.
CMC provides that Croatian courts shall have jurisdiction for crewmember claims if the claimant
has domicile in Croatia. The article argues that general principles contained in Council
Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters should be applied combined with a
forum non conveniens provision for cases where non EU countries are involved.
CMC provides that the ship operator (and others) are liable for crew claims if they are at fault,
or if the death or injury is caused by a hazardous thing or activity, or by a lack of safety measures
at work, when they are strictly liable under provisions of the general law on liability
for hazardous things or activities. The article suggests that the ship operator (and others) are
liable for the fault of their employees as well, and that strict liability is imposed independently
of the general law with defence of contributory negligence of the claimant.
Keywords
crewmember; liability for death, personal injury and health impairment; liable persons; court jurisdiction; basis of liability; direct action; mediation; arbitration
Hrčak ID:
144399
URI
Publication date:
8.9.2015.
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