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In Judge Hand's formulation, liability depends upon whether B is less than L multiplied by P (viz., whether B < P*L). U.S. Court of Appeals, 2nd Circuit. 159 F.2d 169. Vaughan v. Menlove, 132 Eng. Rep.490 (C.P. 1837): An important case in the definition of a reasonable person standard in which a man negligently stacks hay that catches fire.
Traynor also felt that the majority's reasoning approached a rule of strict liability even though the decision was ostensibly based on the doctrine of res ipsa loquitur: In leaving it to the jury to decide whether the inference has been dispelled, regardless of the evidence against it, the negligence rule approaches the rule of strict liability.
In a 4-3 majority decision by Associate Justice Stanley Mosk, the court decided to impose a new kind of liability, known as market share liability.The doctrine evolved from a line of negligence and strict products liability opinions (most of which had been decided by the Supreme Court of California) that were being adopted as the majority rule in many U.S. states.
Two cases that went to trial earlier this year resulted in verdicts of $60 million against Mead and $495 million against Abbott. The latter verdict was before the same St. Louis judge as Whitfield ...
An early example of strict liability is the rule Rylands v Fletcher, where it was held that "any person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural ...
The consequence is that strict liability for defamation is unconstitutional in the United States; the plaintiff must be able to show that the defendant acted negligently or with an even higher level of mens rea. In many other common law countries, strict liability for defamation is still the rule.
The case is Murray v UBS Securities LLC et al, 2nd U.S. Circuit Court of Appeals, No. 20-4202. (Reporting by Jonathan Stempel in New York; Editing by Matthew Lewis) Show comments
The Liebeck case became a flashpoint in the debate in the United States over tort reform. It was cited by some as an example of frivolous litigation; [5] ABC News called the case "the poster child of excessive lawsuits", [6] while the legal scholar Jonathan Turley argued that the claim was "a meaningful and worthy lawsuit". [7]