Copyright (c) 2026 Claudio Timpson Layne
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
The reparation of harm resulting from acts not blameworthy under negligence and malice, involving the use of risky activities and dangerous objects, justifies considering the inclusion of attribution factors based on equity and risk, which in principle resolve the problem of insufficient culpability.
It is important to draw the attention of legal scholars that civil liability based on subjective conceptions, conditioned on the examination of the perpetrator's conduct, in many cases nullifies the victim's right to compensation for harm materially attributable to another person.
This work is the product of a thorough examination of contemporary doctrine, applicable jurisprudence, and the major transformations that have taken place in Latin America in this regard, using the analogical method, that is, direct comparison between peers.
