PURSUING CLAIMS FOR PRENATAL DAMAGE CAUSED BY POOR AIR QUALITY. PART 1: AN OUTLINE OF THE PROBLEM FROM THE PERSPECTIVE OF POLISH LAW

Abstract

The present article combines original and review research. It is an attempt to answer the question about whether there is a personal interest in the form of the right to a clean environment or the right to clean air. It also enquires whether, in the current legal situation, it would be possible to pursue compensation claims for an injury suffered at the prenatal stage caused by poor air quality. Moreover, the paper attempts to identify the right to the environment as a public subjective right and provides a discussion of the resolution of the Supreme Court of 28 May 2021 (III CZP 27/20). The study presents an original approach to the issue discussed. Its analysis is relevant due, in particular, to the still-growing problems of air pollution and smog and their impact on the development of a nasciturus, implying the question of the possibility of pursuing claims in this respect. The present article is an introduction to the topic (the first part of the discussion) and also analyses the legal bases of liability for damage suffered as a result of poor air quality. Moreover, it supplements the author’s doctoral thesis entitled Odpowiedzialność cywilnoprawna za szkody doznane przed urodzeniem (‘Civil Law Liability for Damage Suffered Before Birth’).