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At least 19 records

Federal government provision of third-party liability insurance to space vehicle users

Support decisions concerning the provision by the Federal Government of third-party liability insurance for commercial space activities were studied. The practices associated with third-party liability insurance in the marine, aviation, and electric utility industries in addition to those industries associated with space missions were reviewed. Theoretical considerations of rate setting are discussed and a methodology to determine the period of time over which the insurers of each industry intend to set aside reserves to recover from a maximum liability loss should one occur is introduced. The data were analyzed to determine the setaside period in each industry, and to suggest reasonable standards from the insurer's point of view. Criteria for Federal provision of insurance are discussed, an interpretation of the Price-Anderson Act, determinants of the availability of commercial insurance, potential insurer liability, and measures of reasonableness for premium rates from the user's point of view are presented. Options available to the government regarding third part liability protection are presented.

Source record↗

The Carrier's Liability for Damage Caused by Delay in International Air Transport

Delay in the air transport occurs when passengers, baggage or cargo do not arrive at their destination at the time indicated in the contract of carriage. The causes of delay in the carriage of passengers are booking errors or double booking, delayed departure of aircraft, incorrect information regarding the time of departure, failure to land at the scheduled destination and changes in flight schedule or addition of extra landing stops. Delay in the carriage of baggage or cargo may have different causes: no reservation, lack of space, failure to load the baggage or cargo at the right place, or to deliver the covering documents at the right place. The Montreal Convention of 1999 Article 19 provides that 'The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carder shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures'. The Montreal Convention Article 22 provides liability limits of the carrier in case of delay for passengers and their baggage and for cargo. In the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 SDR. In the carriage of baggage, the liability of the carrier is limited to 1,000 SDR for each passenger unless a special declaration as to the value of the baggage has been made. In the carriage of cargo, the liability of the carrier is limited to 17 SDR per kilogram unless a special declaration as to the value of the cargo has been made. The Montreal Convention Article 19 has shortcomings: it is silent on the duration of the liability for carriage,andit does not make any distinction between persons and good. It does not give any indication concerning the circumstances to be taken into account in cases of delay, and about the length of delay. In conclusion, it is desirable to define the period of carriage with accuracy, and to insert the word 'unreasonable' in Article 19.

Lee, Kang Bin↗

Managing tort liability risks in the era of the Space Shuttle

A new section, named section 308 on 'Insurance and Indemnification', that was added to the National Aeronautics and Space Act of 1958, is discussed. The reasons behind the NASA proposed section are examined, and its various provisions mentioned, as well as outlining the steps needed to implement these provisions. Attention is given to the tort liability risks and to the various costs that NASA would need to cover in case of liability for death, bodily harm, or damage to property resulting from activities carried on in connection with the landing, operations or recovery of the Space Shuttle. The entire section and its six subsections are presented in two appendices.

Mossinghoff, G. J.↗

Trends in liability affecting technical writers

Liability of technical writers for defective products is explored. Documents generated during a product's life cycle (including design memos, design tests, clinical trials, trial use reports, letters, and proposals) become relevant because they are likely to become the only available means of showing that the product was not defectively designed. These documents become the evidence that the product underwent balanced and well considered planning, development, testing, quality control, and field testing. The predicted increased involvement of technical writers in the prevention and defense of product liability claims is cited in view of a greater number of cases turning on "failure to warn".

Driskill, L. P.↗

A Model for Assessing the Liability of Seemingly Correct Software

Current research on software reliability does not lend itself to quantitatively assessing the risk posed by a piece of life-critical software. Black-box software reliability models are too general and make too many assumptions to be applied confidently to assessing the risk of life-critical software. We present a model for assessing the risk caused by a piece of software; this model combines software testing results and Hamlet's probable correctness model. We show how this model can assess software risk for those who insure against a loss that can occur if life-critical software fails.

Voas, Jeffrey M.↗

Engineering risk reduction in satellite programs

Methods developed in planning and executing system safety engineering programs for Lockheed satellite integration contracts are presented. These procedures establish the applicable safety design criteria, document design compliance and assess the residual risks where non-compliant design is proposed, and provide for hazard analysis of system level test, handling and launch preparations. Operations hazard analysis identifies product protection and product liability hazards prior to the preparation of operational procedures and provides safety requirements for inclusion in them. The method developed for documenting all residual hazards for the attention of program management assures an acceptable minimum level of risk prior to program deployment. The results are significant for persons responsible for managing or engineering the deployment and production of complex high cost equipment under current product liability law and cost/time constraints, have a responsibility to minimize the possibility of an accident, and should have documentation to provide a defense in a product liability suit.

Dean, E. S., Jr.↗

The structuring of NASA launch contracts

The designing of STS Launch Services Agreements (LSAs) in order to balance the U.S. public policy concerns and the needs of domestic and foreign users is described. The subject matter of an LSA is defined by the customer's needs; when and what will be launched is also stated in the LSA. The technical requirements of the launch are contained in the Payload Integration Plan. The price for launching payloads is determined based on factors such as payload control weight and length. The allocation of risks and liability for damage to person and property involved in STS operations is examined; a cross-policy waiver governs property damage, and third-party liability coverage is required. Consideration is given to the policy governing reflying of a commercial mission in the event of an initial failure and to modified LSAs.

O'Brien, John E.↗