In class we talked about proximate cause (or foreseeability) as a limitation to liability for negligence and strict liability. This doctrine comes from the case of Palsgraf v. Long Island Railroad. You could read the case (written by the illustrious Justice Benjamin N.Cardozo), or you could watch this Lego reconstruction:
In class today, we discussed the case of Lisa, who was injured in the “Ring of Fire” contest at the Berlin (CT) Fair. Here’s a video we watched in class of the same contest at at different fair (where no one required hospitalization):
After watching the video consider whether the fair organizers might be liable in this case:
- Could Lisa sue for an intentional tort?
- Would the fair organizers have any defenses to an intentional tort claim?
- Could Lise sue for negligence?
- Would the fair organizers have any defenses to a negligence claim?
- Could Lisa sue under a theory of strict liability?
- Would the fair organizers have any defenses to a strict liability claim?