Izvanugovorna odgovornost za smrt i tjelesne povrede kupača i drugih osoba u moru (vodi) koje prouzrokuje brod (usporedba bosansko-hercegovačkog i hrvatskog plovidbenog zakonodavstva)
The Non-contractual Liability for the Death and Personal Injuries of Swimmers and Other Persons at Sea (Water) Caused by Ship (the Comparasion Between the Navigational Legislation of Bosnia and Herzegovina and Croatia)

Author(s): Dragan Bolanča
Subject(s): Law, Constitution, Jurisprudence, Maritime Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Ship;Swimmer;Liability for death and personal injuries;
Summary/Abstract: The author of this article deals with the liability for death and personal injuries of swimmers and other persons at sea (water) caused by ship (craft). He describes the legal solutions in four acts in Bosnia and Herzegovina: The Maritime and Inland Navigation Act of Bosnia and Herzegovina (1992) as lex generalis and Inland Navigation Act of Republic of Srpska (2001), Inland and Maritime Navigation Act of the Federation of Bosnia and Herzegovina (2005) and Inland Navigation Act in District of Brčko of Bosnia and Herzegovina (2008) as lex specialis. These acts are compared with Croatian Maritime Code (2004) and Croatian Inland Waterway Ports Act (2007). In conclusion, the specific similarities and differences of mentioned law solutions are noted. The ship-owner, the ship operator and the person operating the ship can be liable for the loss of life and personal injuries to swimmers and other persons at sea (water) caused by their ship. In many cases they can be responsible for damage on the basis of strict liability or proved fault (one case).The term “ship” or “craft” applies to all waterborne craft irrespective of their size and purpose and to hydroplanes at sea (water).

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