Other
Applicable law for operator's liability for damages arising from the injury of a crew member : [case review]
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
In case of non contractual liability the applicable law for the loss caused by physical injury of a crew member occurred at work on foreign ship (which is the liability of the foreign employer) is the law of the place where the loss was caused or where the consequences occurred, depending on which law is more convenient for the injured party. The accident in which a Croatian seaman was injured occurred on foreign ship in the territorial sea of foreign state. However, the consequences of this accident arose in the Republic of Croatia where the plaintiff has his residence. In this case the applicable law is Croatian law, i.e. the law of the state in which the consequences of the accident are felt and which is more convenient for the injured party.
Keywords
case review; applicable law; crew member - injury; ship operator's liability;
Hrčak ID:
41994
URI
Publication date:
12.8.2004.
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