Civil Liability and Climate Adaptation: Criteria of Subjective Attribution in the Light of the Best Available Science

Abstract

This article examines the role of tort law in addressing climate-related risks, with particular emphasis on the use of best available science as a benchmark for assessing due care and liability. Building on the distinction between mitigation and adaptation, it argues that civil liability primarily functions as an adaptive legal tool, shaping foreseeability and risk allocation. By analysing subjective and objective attribution criteria and recent European legislative developments, the article advances a model of tort liability capable of responding to the complexity and scientific uncertainty inherent in climate change-related harm.