On tort liability for climate change in Chile


  • Cristián Banfi del Río Universidad de Chile


The scientific community agrees that the emission of greenhouse gases generates global warming which in turn produces climate change. Climate change is –and will continue– causing serious, even catastrophic harm to the people’s health and the environment. In this context, this article argues that tort liability can make a contribution to the mitigation and adaptation efforts related to the harm arising from climate change. In order to achieve this aim in future tort litigation for climate change in Chile, however, the claimants will have to provide courts with evidence showing the existence of a direct and necessary causal link between the emissions of greenhouse gases –produced by one or more natural persons or legal entities– and the harm actually suffered by the victim.


greenhouse gases, climate change, tort liability, tort litigation