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Minerva Medicolegale 2006 December;126(4):319-41

Copyright © 2006 EDIZIONI MINERVA MEDICA

language: Italian

Compensation for damages: comparison of the EU and US systems. Domestic accidents

Malavenda A. 1, Iorio M. 2

1 Facoltà di Giurisprudenza Università degli Studi di Torino, Torino 2 Dipartimento di Anatomia Farmacologia e Medicina Legale Università degli Studi di Torino, Torino


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The authors introduce the topic with a historic review of private law concerning liability for defective products. The evolution of case law in the US and the EU countries is compared. Definitions are given of the terms: manufacturer, consumer, risk, hazard, damages and compensation with reference to so-called “unreasonable risk” which conveys a particular meaning in prevention, limitation of responsibility and insurance coverage. In Italy, domestic accidents are covered by mandatory insurance, as managed by INAIL for the insurance of homemakers, and private insurance policies such as head of family insurance, home insurance, third party insurance. The article describes various types of insurable risks and the problems relate to insurance and medicolegal assessment in specific cases.

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