Non-contractual liability for unknown risks in Spanish (French and Italian) law

What is it about?

Can anyone be liable for a harm that was unforeseeable for him or her? From trains causing fires by sparks in the 19th century to the recent cases of blood contamination by HIV or damage by asbestos, unknown risks appear, develop and eventually became regular risks, well known and normally handled by the rules on non-contractual liability. This paper explores how the so called Romanist legal systems (France, Italy, Spain) deal with such problems, focusing in how these legal systems many times understand strict liability as a fault presumed liability. The so-called development risks defense is also taken into account.

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