Liability for Climate Damage under the German Law of Torts

Abstract

With the case of Lliuya v. RWE, climate change litigation has come to Germany. The article explores the German law of torts or delict, asking whether it has something to offer to victims of climate change. The essential elements of negligence liability, i.e. scope of protection, duty of care, breach of duty, regulatory compliance defense, are examined. Another important category is the law of nuisance. As it turns out, the German of delict attaches many strings to a successful damages claim.