Distribution of Loss Expenses to Different Causers
Auteur(s): |
T. Vogel
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Médium: | article de revue |
Langue(s): | anglais |
Publié dans: | Structural Engineering International, mai 2007, n. 2, v. 17 |
Page(s): | 119-122 |
DOI: | 10.2749/101686607780680808 |
Abstrait: |
As a rule, severe damages and failures have several causes and each fault has different consequences. Costs occur due to the need for urgent safety measures, evacuation, repair or reconstruction and investigations and, at the end of the day, have to be paid by someone. Since various parties are involved with different legal aspects and responsibilities, it is difficult to find a satisfying way to assign cost to each party. Instead of leaving this decision to courts it might be easier and cheaper to find a rational way to distribute the costs consensually according to causality and common sense. The paper shows how in complex cases this distribution can be made in a rational and more technical than juridical way taking into account different causes, faults, involved parties and remedial measures. The theoretical part is illustrated by an example based on a real case where the method worked. |