Why does a Carrier in Maritime Carriage of Passengers and Goods Enjoy a Different Liability Regime in Comparison to Carriers in other Transport Modes
Pravnik, Ljubljana 2016, Vol. 71 (133), Nos. 7-8
The purpose of this paper is to answer the question: Why is there a different liability of the carrier in maritime carriage of passengers and goods in comparison to other transport modes? Except in the EU Member States and a few other countries, a maritime carrier’s liability for damages that were suffered by passengers is fault.
The purpose of this paper is to answer the question: Why is there a different liability of the carrier in maritime carriage of passengers and goods in comparison to other transport modes? Except in the EU Member States and a few other countries, a maritime carrier’s liability for damages that were suffered by passengers is fault. There is a different, stricter, liability of the carrier in air, rail and road transport. No serious discussions regarding the maritime carrier’s liability in terms of bringing about unity with the other means of transport have been held, nor any theories in that regard put forth. Determining the cause of this exception for the maritime sector’s liability is a difficult task. Scholars worldwide record the situation without any apparent investigation into its origin. Is there a serious and justifiable reason for such a special liability regime for maritime transport or is this merely a consequence of the current balance of power of players in maritime transport, or perhaps even an historical relict? This article was prepared in order to provide an answer to this intriguing question.