The Foundations of Civil Liability for Industrial Pollution

39 Pages Posted: 28 Dec 2021

See all articles by David Messner

David Messner

University of Graz - Faculty of Law

Date Written: December 27, 2021

Abstract

In European private law, operators of industrial facilities, power plants and other sites using special substances or procedures are made responsible for harm caused by pollution even where it is doubtful that such harmdoing is unreasonable or could have been foreseen. Analysing both fault-based and strict liability, the author discusses legal bases for this liability and its justification in European jurisdictions.

Keywords: Pollution, Tort law, strict liability, negligence, fault, administrative law, nuisance, neighbourhood law, environmental law

JEL Classification: K30, K32

Suggested Citation

Messner, David, The Foundations of Civil Liability for Industrial Pollution (December 27, 2021). Graz Law Working Paper No 25-2021, Available at SSRN: https://ssrn.com/abstract=3994895 or http://dx.doi.org/10.2139/ssrn.3994895

David Messner (Contact Author)

University of Graz - Faculty of Law ( email )

Austria

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
64
Abstract Views
338
Rank
510,238
PlumX Metrics