ABSTRACT
Civil liability is the attachment of responsibility for any damage through the civil process (as distinct from the criminal process). Hence, it is not the State but the person suffering the damage who initiates this process by bringing an action against the person causing the damage. The remedy sought is either monetary compensation or injunctive relief intended to prevent or remove the source of the damage. Generally, all national legal systems provide a person the right of recourse against the responsible party. To recover, a causal link must be established between the damage and the source of the damage, in this case the living modified organism (LMO); the nature of the damage must be foreseeable as arising from the activity; and the person to whom the damage may be caused must also be foreseeable. The broad notion is grounded on the principle of ubi jus ibi remedium — where there is a grievance, there must be a remedy.
