Liability for Unknown Risks in German Law

Dirk Looschelders

doi:10.1515/jetl-2016-0008

Article

Liability for Unknown Risks in German Law

Dirk Looschelders

Published/Copyright: August 16, 2016

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From the journal Journal of European Tort Law Volume 7 Issue 2

Abstract

This article deals with the question whether and under which conditions one may be held liable for damages resulting from unknown risks. Whether a risk can be regarded as unknown depends on the relevant standard of knowledge, which is therefore focussed on first. Thereafter, the article concentrates on the applicability of fault-based and strict liability to specific cases of unknown risks, particularly with regard to pharmaceutical and product liability. In this context, special attention is given to risks emerging from nanotechnology and driverless cars. The article further discusses the suitability of statutory and private insurances for the coverage of damages in cases when neither fault-based nor strict liability is provided for. A significant advantage of this solution is that the damage can be distributed amongst the community of the insured without regard to liability. The article concludes by considering whether and to what extent liability for unknown risks can be covered by liability insurance.

Published Online: 2016-8-16

Published in Print: 2016-8-1

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https://doi.org/10.1515/jetl-2016-0008