Liability for Risk. From Roman law to the French contribution and its adaptation to digital technology

In this article, will be made an analysis of the evolution of liability for risk created since its recognition in Roman law, as a purely objective model, going through its evolution in French law due to the increase in risks caused by the industrial revolution and the increase in eco-nomic activity; and analyzing the key figure of today's technological developments. If the absence of the assessment of fault in times of Roman law or the evolution of the theory in France could be applicable to the use that con-sumers make of technology in current times. Therefore, we set out as a general objective to determine if the institution of responsibility for risk has remained static or has evolved to adapt to technological progress. For this, as a methodological approach, a deductive and qua-litative analysis was applied, with comparative and historical elements, based on primary and mainly secondary sources, which allowed the conclusions reached to be obtained. This pro-cess allowed us to demonstrate that the figure of responsibility for created risk has been evolving from a scenario of absolute objective responsibility, which is accentuated in the case of the producer of goods and services, and that has been qualified with new duties on the part of the consumers in the correct use of goods and services in the digital age.