PRECAUTIONARY PRINCIPLE – GROUNDS FOR A NEW TYPE OF CIVIL LIABILITY
PRECAUTIONARY PRINCIPLE – GROUNDS FOR A NEW TYPE OF CIVIL LIABILITY

Summary/Abstract: The precautionary principle is a new, innovative approach to civil liability meant to act as a safeguard against the dangers of uncontrolled technological development. The elements which set it apart from the classical viewpoint of tort law are: lack of sufficient scientific data to ascertain the danger of an activity at its inception; the risk of major and irreversible harm to humanity and the environment; future damages that are uncertain as far as their occurence and scope are concerned; proportionality in the undertaking of preventive measures and an objective mechanism of liability which operates regardless of fault. While widely acknowledged on an international level, the precautionary principle has yet to be implemented in national legislations, which makes it difficult for judicial systems to develop a coherent case law on the matter. Meanwhile, the subject of precaution continues to engender ample debate in scientific circles.

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