This podcast 🎙️ episode delves into the complexities of gross negligence within the context of international transport law in Europe. Gediminas Daukša and Otmar Tuma discuss the implications of these legal concepts for carriers, highlighting the differences in interpretation and application across various European jurisdictions.
takeaways
- Gross negligence is defined as a severe failure of care.
- Different countries have varying interpretations of gross negligence.
- Austria tends to favor cargo interests in legal cases.
- Germany imposes a secondary burden of proof on carriers.
- Italy equates gross negligence with willful misconduct.
- The Netherlands applies a subjective standard for negligence.
- Proving intent in negligence cases can be extremely challenging.
- Gross negligence can lead to unlimited liability for carriers.
- Cargo liablity policies should explicitly cover gross negligence to ensure protection.
