This case arose out of a claim brought by several plaintiffs in respect of personal injury and death caused by a collision at sea between a boat owned by the second defendant and a military ship owned by the first defendant. The collision occurred as a result of the fault of the masters of both ships.

Held: Judgment for the plaintiffs.

In this case, arts 753-768 of the Maritime and Inland Navigation Act (Official Gazette 53/91 - the Act) apply to the determination of the first defendant's liability.

Pursuant to art 755 in conjunction with art 754, the ship whose fault caused the damage shall be liable for the damage caused in the cases referred to in art 754. Ship liability means the liability of the owner, manager or operator of the ship. Article 757 of the Act stipulates that if the damage is caused by the fault of two or more shipowners, each ship is liable in proportion to its fault. If the extent of the guilt cannot be established, the shipowner's liability for damages is divided into equal parts.

Article 759 of the Act stipulates that if a collision of ships causes death or bodily injury, the persons responsible for the death or bodily injury shall be jointly and severally liable for the ships through whose fault the collision occurred. The principle of joint and several liability of operators responsible for a collision that causes death or personal injury is taken from art 4.3 of the Collision Convention 1910 and art 4.1 of the 1960 Convention Convention on the Unification of Certain Rules on Collision in Inland Navigation.

The expert report states that it was difficult to give an opinion on the causes of the collision because the expertise was based solely on witness statements which were largely incomplete and controversial. Adding to the difficulty was the fact that the exact position of the collision has never been determined, and that the angle of collision was unknown. In the light of all the statements and available evidence, the expert report held that both vessels were at fault, but that the first defendant's boat was less responsible for the collision than the second defendant's naval ship. Therefore, in relation to the responsibility of the Republic of Croatia in accordance with art 759 of the Act, the State is jointly and severally liable for the personal injury and death caused by the collision.

The expert report did not determine the extent to which the first defendant was at fault and the extent to which the second defendant was at fault, so in accordance with art 757 of the Act, the liability of the two ships for the damage is divided into equal parts. It is also pointed out that the basis of liability for damage caused by a collision of ships is proven guilt. So it is a matter of guilt in an objective sense. This Court holds that it was determined that the first defendant is responsible for the maritime damage in question jointly and severally with the second defendant in accordance with art 759 of the Act.