Accidental loss is the solely risk of the injured party : [case review] Cover Image

Rizik slučajnih šteta snosi sam oštećenik : [prikaz presude]
Accidental loss is the solely risk of the injured party : [case review]

Author(s): Vesna Skorupan Wolff
Subject(s): Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: case review; crew member; accidental loss; solely risk; injured party;

Summary/Abstract: It was established that the plaintiff fell and injured himself while descending the stairs on the ship deck in the ordinary course of his professional duties, for which he had been formally educated and additionally trained. In respect of this loss event the court concluded that there was no fault on the part of the ship owner because the ship owner had provided safe working conditions and adequate protective equipment to the plaintiff as a crew member. Hence, accidental loss is the solely risk of the injured party in this case.

  • Issue Year: 52/2013
  • Issue No: 167
  • Page Range: 207-214
  • Page Count: 8
  • Language: Croatian