ABSTRACT

This chapter examines the potential and the limits of tort law for the prevention and remediation of catastrophic harm. It shows that tort law is mainly relevant for man-made catastrophes, including accidents where a technological risk is triggered or aggravated by a natural disaster. The chapter focuses on the function of tort law for the prevention and remediation of loss caused by industrial accidents that have the potential to cause devastating harm to people or the environment. It analyses the existing tort law rules concerning industrial accidents in the European Union. The chapter also shows that these rules do not meet the theoretical requirements for an effective liability regime with respect to the material law. The chapter suggestes that there is a need for legislative initiatives of the European Union in this field. It also focuses on the function of tort law for the prevention and remediation of loss caused by industrial accidents including nuclear accidents.