Staff Publications

Staff Publications

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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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Record number 520072
Title Risk Regulation through Liability Allocation: Transnational Product Liability and the Role of Certification
Author(s) Schebesta, H.
Source Air & Space Law 42 (2017)2. - ISSN 0927-3379 - p. 107 - 136.
Department(s) Law and Governance
WASS
Publication type Refereed Article in a scientific journal
Publication year 2017
Abstract This article studies the recent European developments concerning product liability in the aviation domain. Particularly the landmark judgment in Überlingen Manufacturers provided new insights on the definition of product defects (manufacturing, design and warning defects) and the availability of liability defences (state of the art defence and regulatory compliance). The article finds that the judgment both enhances manufacturers’ liability risks, by providing a wide interpretation of product defects, and limits the risk by accepting the regulatory compliance defence for technologies certified to a mandatory standard. The article compares US and EU product liability law, concluding that the outcome of the case would likely have been similar under both regimes. The article highlights that product liability must be considered beyond individual cases, as an element of systemic risk regulation. This necessitates that the link between ownership of design choices, mandatory certification and legal liability be addressed more purposefully. The article identifies that currently the regulatory compliance defence may create a legal gap in this respect: standard-setters and certifiers are responsible for product design choices, but cannot be held legally accountable through liability. The article concludes with suggestions for adapting the legal framework to improve liability allocation through product liability.
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