Terrorism, Tort Law and Insurance

On the occasion of the current discussion on/concerning terrorism, ECTIL has undertaken a research project concerning the liability for damages resulting from terror attacks. The aim of the project was to compare how different countries take terror attacks into consideration when it comes to the question of liability. The purpose of the project was to find out if special liability statutes for terrorism exist and how the countries deal with terror situations in their fault and strict liability systems.

In the field of strict liability the main focus is the question to what extent does the liability- inducing danger also include terror attacks. In connection with fault liability, it is of interest how far the avoidance of terrorism builds a duty to take due care and further who has the duty to take due care. Further, particular attention has been paid to the role of the state . Is there a duty of the state to avoid terrorism and is it liable for damages as a result of terror attacks?