Požar plovila na vezu - odgovornost za štetu : [prikaz presude]
Fire on the vessel on berth - Liability for damages : [court's decision review]

Summary/Abstract: The matter in dispute is the request for the damages suffered by the plaintiff due to fire on the vessel, which was at the time of the damaging event on dry berth in the defendant’s marina. The plaintiff claims that the defendant failed to early enough observe the fire that occurred on the plaintiff’s vessel and to undertake adequate fire-fighting measures. It may not have been expected of the defendant’s guard to uninterruptedly stay by the plaintiff’s vessel. Even if he had noticed the fire on the vessel, he would not have been able to extinguish it due to the speed at which the fire spread, the material the vessel was built from and the built-in burnable material, as well as the wind. Hence the courts judges that the untimely observing of the fire on the plaintiff’s vessel by a member of the defendant’s staff (guard in the marina) does not stand in an appropriate (adequate) causal link with the wrecking of the plaintiff’s vessel in the fire.

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