Civil Liability and Risk in Colombia: Notes for the Development of the Risk Theory in the XXI Century

Abstract

From the inquiry on the weakening of the concept of fault as an attribution criteria and its replacement –once again- by the notion of risk, this paper asks on the extent of the concept of risk created by criminal law theory, to tort law, and on the possibility of applying in Colombia strict liability systems, other than the developed by the Supreme Court of Justice, revealed insufficient. This will allow us to propose the application on our legal system of a European trend which transfers successfully to tort law objective attribution criteria, overcoming the inadequacy of fault.