Case report
Liability for Personal Injury to a Diver: Gross Negligence of the Person That Sustained Injury
Vesna Skorupan Wolff
Abstract
The dispute concerns the plaintiff’s claim for compensation for damage resulting from personal injury sustained while diving, when he was struck while surfacing from the sea by a speedboat operated by the second defendant in the dispute. It was established in the proceedings that the defendant had failed to comply with the regulations because he was operating the speedboat at a distance of 60 metres from the shore of a natural beach in an area where not only operating a speedboat but also navigation were prohibited. In this case, the defendant is liable for damages on the basis of strict liability, unless he proves that the personal injury was caused by force majeure, the plaintiff’s intent, or the gross negligence of the person that sustained injury. The issue in dispute was whether the plaintiff had contributed to the occurrence of the harmful event through gross negligence. The court concluded that the plaintiff had contributed to the occurrence of the harmful event through gross negligence because, while engaged in recreational fishing, he had failed to mark his direction of diving by towing a buoy with a diameter of no less than 30 centimetres on the surface of the sea. In the court’s assessment, the plaintiff had contributed to the occurrence of the harmful event to the extent of 30%, to which extent the defendants were relieved of liability, while they were jointly and severally liable to compensate the plaintiff for damage to the extent of 70%.
Keywords
Hrčak ID:
353365
URI
Publication date:
12.11.2026.
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