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Liability for loss due to seaman's disease (asbestosis) : [case review]
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
Because of its harmful properties, asbestos represents a hazardous material. Therefore, any work involving asbestos represents a hazardous activity (particularly when the defendant has not provided adequate protective equipment. The loss that has been caused in connection with the hazardous material, i.e. hazardous activity is deemed to have arisen from that material, i.e. that activity, unless it is proved that these have not been the cause of the loss. In this case the burden of proof that the loss has not arisen from hazardous material or hazardous activity lies with the defendant, In the concrete case there is a causal link between the plaintiff's disease (asbestosis) and his sailing as a member of the crew on board the defendant's vessels. Accordingly, the defendant is liable for the loss sustained by the plaintiff as a consequence of the disease.
Keywords
case review; seaman's disease; asbestosis; harmful material; liability for loss;
Hrčak ID:
41992
URI
Publication date:
12.8.2004.
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