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Liability for Damage Incurred by a Vessel at Berth in a Marina: Burden of Proof : [case review]
Vesna Skorupan Wolff
orcid.org/0000-0002-1591-7247
; Jadranski zavod Hrvatske akademije znanosti i umjetnosti, Zagreb, Hrvatska
Abstract
A berth user as the plaintiff in a dispute sues for indemnity for damage to his boat. At the time of the damage, the boat was at berth at sea in the respondent´s marina on the basis of an annual berth contract concluded between the parties to the dispute. In this legal matter, it is not the plaintiff´s burden of proof as to who is responsible for the damage caused to his boat. The respondent´s contractual liability for damages is presumed, so he bears the burden of proving that he is not liable for damages. The respondent must either prove that the damage to the plaintiff´s boat did not occur as a result of his own fault or prove the
existence of circumstances that exclude his liability.
Keywords
case review; liability for damage; burden of proof
Hrčak ID:
312337
URI
Publication date:
27.12.2023.
Visits: 176 *