A “Post” modern Prometheus? On development, risks and civil liability in consumer relationships

Authors

  • Maria Cândida Pires Vieira do Amaral Kroetz
  • Luiz Augusto da Silva

Keywords:

Civil liability, Consumer law, Risk, Development, Fundamental rights.

Abstract

The article examines the problem of liability as a result of “development risks”, situations in which a product, despite being in conformity with technical standards, causes harm to consumers due to the lack of scientific knowledge regarding its inherent risks. From a constitutional perspective, supplier’s liability is justified as a form of ensuring equality towards progress, and is also in accordance with a conception of development as freedom. Based on these principles, the interpretation of the Brazilian Consumer Protection Code reveals the presence of all the elements of supplier’s strict liability in cases involving development risks.

Published

2017-07-12

How to Cite

Kroetz, M. C. P. V. do A., & da Silva, L. A. (2017). A “Post” modern Prometheus? On development, risks and civil liability in consumer relationships. Revista Brasileira De Direito Civil, 9(03). Retrieved from https://rbdcivil.emnuvens.com.br/rbdc/article/view/55