85752 - PRODUCT SAFETY, PRODUCT LIABILITY AND AUTOMOTIVE M

Scheda insegnamento

Anno Accademico 2021/2022

Conoscenze e abilità da conseguire

The main purpose of the course is to provide students with a thorough knowledge of the core concepts of tort law in the automotive industry issues not only from a national perspective but also from the perspective of the harmonization of European Union Law and the US legal system. The course aims at providing the student with a general knowledge of basic principles and concepts of European Union and US tort law and consumer protection law focused on the automotive industry issues. It also focuses on Corporate social responsibility and environmental and technological innovation issues that the automotive industry faces. Using the method of the economic analysis of law, the current UE and US legal system will be evaluated in the light of a pragmatic proposal to check that the basic liability law can still function properly in the light of rapid changes to some of the products that it covers. The attention will focuses on the new issues arising from highly automated vehicles. In this prospective it will be investigated the role of the precautionary principle governing the UE consumer protection law, and the risks development doctrine which can be seen as a limit to the manufacturer liability. The automotive litigation prospective also leads to focus the attention on class action and punitive damages which play a crucial role in the American legal system and are not still implemented in UE legal system. At the end of the course the student is expected to become familiar with the legal notions of producer, consumer, tort law, damage, product liability law and product safety law governing the automotive industry, in order to observe the problem of the automotive litigation in a globalized prospective. At the end of the course the student is expected to become familiar with the legal notions of producer, consumer, tort law, damage, product liability law and product safety law governing the automotive industry, in order to observe the problem of the automotive litigation in a globalized prospective.

Contenuti

The main purpose of the course is to enable students to efficiently handle the law fundamental issues involved in car manufacturing.
The course will focus on the UE and US legislation framework upon product liability law and product safety law. In a second phase the course will focus on the case law study having regard to the liability issues on the automotive sector.
The analysis of the legal system will be conducted in a comparative prospective between EU/US current regulation, with a particular focus on the economic analysis of the law.

 

I - INTRODUCTION TO PRIVATE LAW
PRIVATE LAW PRINCIPLES
TORT LAW PRINCIPLES

II -PRODUCT SAFETY AND PRODUCT LIABILITY IN THE UE LEGAL SYSTEM:
• The Directive 85/374/ECC;
• The concept of “defective product”:
• Design defect
• Manufacturing defect
• Warning defect
• Product safety and quality
• The general product safety directive 2001/95/EC;
• The concepts of safe” and “unsafe” products;
• Authorities involved in the harmonization and in the definition of harmonized European standards
• The withdrawal;
• The recall;
• The duty to warn;
III - PRODUCT SAFETY AND PRODUCT LIABILITY IN THE US LEGAL SYSTEM
• The uniform federal product safety standards;
• Agencies involved in the definition of harmonized standards on product safety;
• The concept of “defective product”:
• Design defect
• Manufacturing defect
• Warning defect

IV - AUTOMOTIVE AND PRIVATE LAW
• Car manufacturing, car circulation and the problem of the cost of the accidents
• The road safety and the car safety
• The Crashworthiness doctrine in US
• The role of National Highway Traffic Safety Administration (NHTSA)
• The NHTSA safety standards
• The UE safety standards
• Vehicle’s safety and manufacturer liability in UE and US
• The manufacturer liability
• The liability of the manufacturer of a specific component
• The designer liability

V - HIGHLY AUTOMATED VEHICLES, CONNECTED VEHICLES AND AUTONOMOUS DRIVING CARS
• The legal aspects between existing laws, the role of the jurisprudence and the perspectives of a reform.
• Ethic issues arising from automated vehicles and the role of the law
The law making process in UE
• The ERTRAC Working Group’s Automated Driving Roadmap
• The common EU approach to liability rules and insurance for connected and autonomous vehicles
• The law making process in US - New Federal Guidance for Automated Driving Systems (ADS)
• The first cases of accidents caused by highly automated vehicles.


Testi/Bibliografia

The materials will consist in papers drafted by the Professor and a selection of laws, regulations, documents and cases loaded on the University's website

Metodi didattici

Lessons will be held by Professor Enrico Al Mureden and Dott. Matteo De Pamphilis.
Attending students will be able to study cases through small working groups where they will be able to produce their own solution to cases. Students will be offered the opportunity to take part in a moot court during the first and the second part of the course, as a conclusion of the case law analysis.

Modalità di verifica e valutazione dell'apprendimento

The final assessment is based on a written exam

Strumenti a supporto della didattica

Lessons will be given using power point slides 

Orario di ricevimento

Consulta il sito web di Enrico Al Mureden

Consulta il sito web di Matteo De Pamphilis