Liability for damage caused by omission to ensure hailstorm protection

Abstract

In this paper, the author analyzes the liability for damage to property caused by hailstorms. Although a hailstorm is a natural phenomenon, the damage caused by hail in certain situations does not represent a casus sentit dominus. The Hydrometeorological Institute of Serbia (HIS RS) has the exclusive authority to perform hail suppression activities (by seeding hail-bearing clouds with silver iodide) in order to control hail growth and reduce damage caused by hail. The issue of liability for damage caused by hail arises in case the HIS fails to perform its activities. The author focuses on cases where the compensation for damage caused by hailstorms is attainable. The lack of comprehensive scientific considerations on this subject matter has generated quite a few dilemmas in judicial practice. The author will addresses some of the most disputable issues: who is the responsible person, and what is the legal ground for establishing the liability of legal entities?

Keywords

• hailstorms
• damage caused by natural disasters
• hail protection measures
• liability of legal entities
• legal ground for liability