Wednesday, August 3, 2011

A question on tort law?

I believe this was a case in which Justice Cardozo wrote the leading opinion on strict liability (New York.) 1. The issue is liability without fault (negligence). 2. The person with the fireworks is liable because when you have items that are "abnormally dangerous" you should be "strictly liable" and be, as a matter of policy, responsible for the harm caused (otherwise the loss is unfairly placed upon the injured person) even though there is no "fault." Here, there is an injury and public policy is that if you do something dangerous and hurt someone, you should have the expense of damage, not the innocent injured person. Think of persons who use dynamite or radioactive material. 3. No. 4. Unless there is a statute that prohibited this person from having or transporting fireworks, no crime.

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