38] However, Ken Oliphant, former director of the European Centre of Tort and Insurance Law in Vienna, Austria, correctly states that it seems that
no-fault liability schemes are back on the reform agenda internationally, even if only a limited number of countries have actually implemented such schemes.
In many of these cases, the determination of responsibility and thus liability has been achieved through the application of traditional principles of civil law such as tort and
no-fault liability for potential sources of danger.
The flipside of
no-fault liability of workers' compensation carriers for the consequences of work-related injuries and diseases is employer immunity.
Aspects such as the purpose of the Act, the rights of patients, obligations/responsibilities of the medical practitioner (who is the supplier of services and/or goods),
no-fault liability and recourse available for the consumer, are discussed.
The BJP had opposed the Rs500 crore cap on compensation terming it too less and also the
no-fault liability provision.
It fixes
no-fault liability on operators and gives them a right to recourse.
When negotiations between state officials and CSX to buy the Worcester-to-Framingham right-of-way bogged down, he initiated an effort by the full congressional delegation to persuade the freight rail company to rethink its insistence on a
no-fault liability clause.
For them, the Commission has not shown why the objective of the directive could not be attained by means other than the setting up of a
no-fault liability regime for employers and why the disputed clause of the British law limits the employer's liability.
Thus was born the legal notion of
no-fault liability.
The Danish government, backing Skov, argued that for cases of
no-fault liability, where food poisoning occurred despite good practice throughout the supply chain, a producer could pass on liability to a supplier.
Concerns with Law 364 include onerous procedures and requirements such as: retroactive application of
no-fault liability related to a specific product; waiver of the statute of limitations; irrefutable presumption of causality; truncated judicial proceedings; imposition of a $100,000 non-refundable bond per defendant as a condition for firms to put up a defense in court; escrow requirements of approximately $20 million earmarked for payment of awards; and minimum liabilities as liquidated damages (ranging from $25,000 to $100,000.
The demands of justice and safety improvement, which sometimes conflict and must be balanced against each other, argue for compensation schemes based on
no-fault liability or mediation.
