Compensation for Damages Caused by Death, Personal Injury or Health Impairment of Seamen in Croatian Law

Abstract

The paper deals with the Croatian legal framework regulating civil liability for damages caused by personal injury, health impairment and loss of life of seafarers. Although the basic rules concerning the basis of liability, circle of liable persons and applicable law are provided by the Maritime Code of the Republic of Croatia, when it comes to regulations on various types and amount of compensation for damages suffered by crew members, the relevant provisions are contained in the Civil Obligations Act. The first part commences with the overview of the types of compensation, which are natural restitution, monetary compensation and satisfaction, it continues with analysis of legal solutions for cases of compensation for property damages caused by death, personal injury or health impairment of crew members, as well as rules relevant for compensation for non-property damages, which are manifested as physical pain, mental anguish or suffered fear. In the final part, paper focuses on the issues on amount of compensation and its limitations, elaborating concepts of contributory liability, deductions of advance payments and insurance indemnity, payment of interest and statute of limitations.