Odgovornost za smrt i tjelesne ozljede člana posade – razvoj hrvatskih pravnih rješenja
Liability for death and personal injury of a crew member – the development of Croatian legal solutions

Summary/Abstract: The article gives an overview of the development of Croatian maritime law in the areas related to liability for death and personal injury of crew, such as: (i) entities liable on the ship’s side (Who is liable?); (ii) jurisdiction (Where to sue?); (iii) basis of liability (On what ground may a crew member claim?); (iv) direct action (May a crew member sue the liability insurer?); and (v) mediation and arbitration (How to efficiently resolve disputes?). The Croatian Maritime Code (CMC) provides that operator (disponent owner), ship’s manager, company under ISM Code and employer are jointly and severally liable for the crew claims. The article suggests that the ship owner should be added to the list. CMC provides that Croatian courts shall have jurisdiction for crew member claims if the claimant has domicile in Croatia. The article argues that general principles contained in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters should be applied combined with a forum non conveniens provision for cases where non EU countries are involved. CMC provides that the ship operator (and others) are liable for crew claims if they are at fault, or if the death or injury is caused by a hazardous thing or activity, or by a lack of safety measures at work, when they are strictly liable under provisions of the general law on liability for hazardous things or activities. The article suggests that the ship operator (and others) are liable for the fault of their employees as well, and that strict liability is imposed independently of the general law with defence of contributory negligence of the claimant.

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