Peculiarities Of The Carrier Liability For The Damage Caused To Passenger’s Health By Serious And Minor Physical Injuries Or Passenger’s Death

Array

Authors

  • Uliana Hryshko

Keywords:

damage, carrier, passenger, non-contractual liability, passenger and luggage transportation contract.

Abstract

In the given article, the author studies peculiarities of the carrier liability for the damage caused to passenger’s health by serious and minor injuries or passen-ger’s death.
Article 928 of the Civil Code establishes a general provision for the carrier lia-bility for the damage caused to passenger’s health by serious and minor injuries or passenger’s death according to Chapter 82 of the Civil Code «Compensation» if the contract or the law does not establish the liability of the carrier without fault. In this very case, we talk about the damage connected with contract fulfillment but non-contractual liability will be used, as there is a special law for it.
Studying more thoroughly the carrier liability in the sphere of non-contractual liability the author has found out what are the reasons of its appearance. Thus, a special attention is paid to wrongful acts, which are those that lead to negative con-sequences connected with damages caused to passenger’s health and life. As to the damage, it is stated that due to this wrongful act serious or minor injury to passen-ger’s health is caused. The most specific is the fact that the fault does not constitute a mandatory condition for the civil liability of the carrier. Civil liability of the carrier for the damage caused to passenger’s health by serious and minor injuries or pas-senger’s death takes the form of compensation for material and moral damages. The author also analyzes peculiarities of the carrier liability for the damage caused to passenger’s health by serious and minor injuries or passenger’s death using certain means of transport, in particular air, rail and road.

References

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Published

2019-06-23

Issue

Section

Articles