Zufall und Schadenstragung / Fortuitous Events and Liability for Harm

The project “Zufall und Schadenstragung / Fortuitous Events and Liability for Harm” challenged the common assumption that, in accordance with the principle of casum sentit dominus, fortuitous, unforeseeable and unavoidable damage must always be borne by the injured party alone. This is relevant when the fortuitous damage was not caused by mere natural events, but by another person or their sphere.

The doctrinal analysis focused on the legal situation in Austria, Germany and Switzerland, but is supplemented by references to other legal systems.

The study was published in German by Jan Sramek Verlag (Vienna), see here.

European Centre of Tort and Insurance Law
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