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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.
To address the question of whether strict liability is appropriate in this case, Posner turns to several foundational 19th century cases, including Rylands v. Fletcher (1868) and Guille v. Swan (1822), and then consults the Restatement (Second) of Torts .
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.
Strict liability often applies to vehicular traffic offenses: in a speeding case, for example, whether the defendant knew that the posted speed limit was being exceeded is irrelevant; the prosecutor need only prove that the defendant was driving the vehicle in excess of the posted speed limit.
[5] [26] [27] ABC News called the case "the poster child of excessive lawsuits". [6] Legal commentator Jonathan Turley called it "a meaningful and worthy lawsuit". [7] McDonald's asserts that the outcome of the case was a fluke, and attributed the loss to poor communications and strategy by an unfamiliar insurer representing a franchise.
(Reuters) -A Washington jury on Tuesday ordered Bayer to pay $100 million to four people who say they were sickened by toxic chemicals known as PCBs at a Seattle-area school, but found the company ...
Rylands v Fletcher (1868) LR 3 HL 330 is a leading decision by the House of Lords which established a new area of English tort law.It established the rule that one's non-natural use of their land, which leads to another's land being damaged as a result of dangerous things emanating from the land, is strictly liable.
The case is Kolotinsky v Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 25-00931. (Reporting by Jonathan Stempel in New York; Editing by Richard Chang) Show comments