Abstract

WOOLOOTT, OLENKA  and  GAMARRA-AMAYA, LAURA CECILIA. Asbestos: Caught Between Technological Development and the Threat of Civil Liability. The Italian Experience and an Approach to Colombian Law. Rev. Derecho Privado [online]. 2022, n.43, pp.255-287.  Epub Sep 04, 2022. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n43.11.

In Colombia, Law 1968 of 2019 banned the use of asbestos in the national territory. This legal breakthrough was years in the making. However, the allocation of liability against those who exposed others to asbestos, and the assessment of damages for plaintiffs who suffered asbestos related injuries is not addressed in the law. This research paper in comparative civil law attempts to answer the liability question based on the Italian experience and small jurisprudential steps taken by the Colombian bench. In doing so, the causal link in traditional civil liability and the criteria for imputation or attribution of strict liability applicable to asbestos victims are examined. The results of the research find it advisable to adapt the traditional elements of the assumption of responsibility to the demands for compensation in the face of asbestos related damages in the contemporary cases, taking into account presumptions that can be entered into evidence.

Keywords : asbestos; damage; causation; civil liability; compensation; toxic substances.

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