Non-Contractual Liability for Railways, Buses and Aeroplanes
-
Ernst Karner
and
Lukas Schellerer
Abstract
This article offers a comparative overview of extra-contractual liability for means of mass transport (trains, buses, aeroplanes) in Europe. A distinction is thereby drawn between two fact patterns: liability for transported persons and property, and liability to third parties. Whilst the former is, at least for cross-border transport, extensively regulated by international conventions and European Directives, liability to third parties is very variably regulated at the national level. The paper highlights some of these differences and in so doing emphasises the importance of risk-based liability in the majority of European jurisdictions. There is, moreover, discussion of quite new liability questions raised by the liberalisation of the rail transport market and the introduction of self-driving cars.
Endnote
This and the following articles are revised versions of the lectures given at the 17th Annual Conference on European Tort Law from 5–7 April 2018 in Vienna in a special conference session on Non-Contractual Liability for Railways, Buses and Aeroplanes.
© 2018 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- Non-Contractual Liability for Railways, Buses and Aeroplanes
- Tort Law and Mass Transportation Accidents: A French-German View on Legal Challenges in Times of Market Deregulation
- Liability for Means of Mass Transportation in Scandinavia
- The Place of Tort Law in the Public Transport System: The Case of the British Railway
- Book Reviews
- S Green, Causation in Negligence (Bloomsbury 2015). 185 pp. ISBN 978-1-78225-521–5. £ 50.00 (hardback).
- Ken Oliphant (ed), The Liability of Public Authorities in Comparative Perspective (Cambridge: Intersentia 2016). xiv + 888 pp. ISBN 978-1-78068-238-9 €98.00/$118.00/£ 94.00 (hardback).
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- Non-Contractual Liability for Railways, Buses and Aeroplanes
- Tort Law and Mass Transportation Accidents: A French-German View on Legal Challenges in Times of Market Deregulation
- Liability for Means of Mass Transportation in Scandinavia
- The Place of Tort Law in the Public Transport System: The Case of the British Railway
- Book Reviews
- S Green, Causation in Negligence (Bloomsbury 2015). 185 pp. ISBN 978-1-78225-521–5. £ 50.00 (hardback).
- Ken Oliphant (ed), The Liability of Public Authorities in Comparative Perspective (Cambridge: Intersentia 2016). xiv + 888 pp. ISBN 978-1-78068-238-9 €98.00/$118.00/£ 94.00 (hardback).
