About adopting Precautionary Principle as a basis for civil liability of Coronavirus vaccines’ producers

We handle through this research the impact of applying precautionary principle on the traditional rules of civil liability, as we illustrate the meaning of precautionary principle in general, it’s importance to avoid the damages that may occur as a result of a certain activity, it’s impact on civil liability, and the conditions required to apply it, through different international documents, some comparative legislations and cases.

Then, we explain the effect of applying precautionary principle on the civil liability of Corona-virus vaccines’ producers, and what is resulted from that, with our attempt to conciliate opposite interests; From the first side: Applying precautionary principle is very important to protect who are injured because of getting a Corona-virus vaccine, through explaining the development of civil liability, through handling its effects on the elements of liability, with mentioning the system of No-fault liability. We explain also what is decided in a new judgment of The European court of Justice, which includes the development of mitigation the burden of proof in the cases of vaccines. And also we explain the liability of producers in general, by comparing some legislations With the Egyptian law.

On the other side, we illustrate the aim of precautionary principle for achieving public health, for maintaining the interests of producers to assure the process of vaccine Industry, in order to avoid the severe effects of Corona-virus, through explaining the problem of giving producers the right to exclude their liability because of the risks of scientific development. Finally, we mentioned the private systems to insure the liability of Corona-virus producers globally (COVAX) -The compensation system of World Health Organization - and also some systems of compensation of Europe and USA.