Seminario Aviazione Milano 15 November 2006 Managing the risk of aviation product liability Nick Hughes, Partner Barlow Lyde & Gilbert, London.

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Presentation transcript:

Seminario Aviazione Milano 15 November 2006 Managing the risk of aviation product liability Nick Hughes, Partner Barlow Lyde & Gilbert, London

Product Liability Issues  Design  Materials and Workmanship  Assembly  Manuals / Instructions  Maintenance  Continuing airworthiness

Product Liability Issues  Contracts  Statutes / Codes  Common law  Criminal law

Contracts  Consistency of language –Internally –Externally  Attraction of a guiding principle in the management of risk  Exclusion / Limitation of liability  Indemnification  Assignment / Novation  Law, Jurisdiction and Dispute Resolution

Product Liability Issues  Civil Liability –Statues –Codes –Common law  Criminal Liability

Product Liability Issues  The context of the claim  The liability regime for other co-liable parties  Jurisdiction, Forum and applicable law

Product Liability Issues  Risk Management  Claim / Litigation Management  Insurance Cover