ODGOVORNOST PO OSNOVU KRIVICE I OBJEKTIVNA ODGOVORNOST ZA ŠTETU
LIABILITY BASED ON FAULT AND STRICT LIABILITY FOR DAMAGE

Summary/Abstract: In this paper, the authors examine legal institutes governing subjective (fault-based) and objective (strict) liability for damage, their manner of application, and the rules determining the type of liability. Through the development and improvement of legal institutes regulating compensation for damage, the distinction between objective and subjective liability has been increasingly reduced. In certain cases, liability based on presumed fault in some areas has significantly approached strict liability, to which judicial practice has made a particular contribution. In each specific case, our legal system determines which things and activities are considered dangerous and which are not, so the question of applying subjective or objective liability for damage remains permanently open. This research will particularly address and analyze the legal position of the injured party, the tortfeasor, and the person liable for damage, with special emphasis on the allocation of the burden of proof in subjective as compared to objective liability. This is because cases are very frequent in everyday court practice in which litigating parties incorrectly apply the rules on the burden of proof in matters of strict liability, and due to such an incorrect approach, they either lose the dispute or undertake procedural actions to the detriment of the party they represent as legal counsel in civil litigation proceedings.

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