The English Manufacturer's Point of View

Extract

In a Symposium held here in November 1970 entitled “Compensation for Death and Injury in International Air Transport” we heard of the latest ICAO proposals towards resolving such liability problems as far as the airlines were concerned and there was much informed debate on the merit (or otherwise) of limiting claims arising out of an aircraft accident. It was unfortunate, but understandable, that that symposium could not be combined with today’s discussion since the basic problems are much the same. As I sought to point out on that occasion, there could be little advantage in protecting the airlines’ front door, by limiting the amount of damages available to a plaintiff, if the airlines back door was left exposed—due to the vulnerability of the airlines to a cross claim for indemnity or otherwise from a manufacturer who, more likely than not, would be a joint defendant with the airline in the same or parallel proceedings arising out of the same aviation accident. This should mean, at the very least, close collaboration between the airlines and manufacturers and, more preferably, some form of shared protection which they may create together or which may be granted to them by Government action, national or international.