Recourse Among Several Liable Persons - Allocating the Burden of Liability

• Author: Miquel Martin-Casals

Speaker

Miquel Martin-Casals is Professor of Civil Law at the University of Girona and former director of the Institute of European and Comparative Private Law at this university.

He is member of the European Group on Tort Law (EGTL), the European Centre of Tort and Insurance Law (ECTIL), the Groupe de recherche européen de la responsabilité civile et assurance (GRERCA), the Institute for European Traffic Law (IETL) and the Pan European Personal Injury Lawyers association (PEOPIL). He is also elected member of the American Law Institute (ALI) and of the International Academy of Comparative Law (IACL/AIDC).

Former chairperson of the Spanish Interministerial Commission for the reform of the compensation scheme for death and personal injury resulting from road traffic accidents (ʻbaremoʼ), which prepared the Draft of the Act now in force. Currently he is the chairperson of the Legal Group of the Interministerial Commission for the follow-up of this Act.

Topic

In this comprehensive presentation, we delve into the intricacies of recourse claims as they pertain to the proposed Product Liability Directive (PLD). The PLD represents a critical legal framework designed to regulate liability and compensation concerning products that pose harm to consumers. However, the challenges and complexities emerge when the PLD intersects with national laws and regulations, adding a layer of nuance to the liability landscape.

Professor Martin-Casals takes a meticulous approach in dissecting the issues associated with the liability of economic operators, particularly in cases where they are responsible for causing the "same damage." Understanding the nuances of how such liability is established, proven, and rectified is of paramount importance, both for legal practitioners and policymakers.

Another key facet of this presentation is the examination of the hurdles encountered when a third party becomes liable in conjunction with the economic operator. The interplay between different actors in product liability cases can create complex legal scenarios, which demand a thorough understanding of the relevant legal principles and their application. Professor Martin-Casals...