Article 116. Liability of the carrier for causing harm to the life and health of a passenger of the Merchant Shipping Act
1. The carrier shall bear the liability provided for by the legislative acts of the Republic of Kazakhstan for obligations arising as a result of harm to the life and health of the passenger, unless it proves that the harm arose as a result of the victim's intent or force majeure.
The carrier is not responsible for the damage if it proves that the vessel was removed from its possession as a result of illegal actions of other persons. In such cases, persons who unlawfully took possession of the vessel are responsible for harm caused to the life and health of the passenger. If the carrier is guilty of unlawfully removing the vessel from its possession, liability may be imposed on both the carrier and the persons who took possession of the vessel.
2. The carrier may be partially released from liability if it proves that the passenger's gross negligence caused his death or injury to his health or contributed to his death or injury to his health.
The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.
This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.
President
Republic of Kazakhstan
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