The legal concepts of foreseeability and proximity are discussed in the context of sleep-related accidents.
However, in that case the issue of foreseeability went to the jury, and the jury found the injury was not foreseeable; on appeal, the court reviewed the sufficiency of the evidence to support the jury's finding.
Some elements in proximate cause, like the requirement of foreseeability..
These decisions are unwarranted extensions of Hadley and employ arbitrary and inflexible definitions of foreseeability.
First, the element of foreseeability in the requirement of proximate cause is directly relevant to collective deterrence.
This playlist attempts to lay out a basic doctrine of cause in fact, without yet worrying about problems of foreseeability.
Thus, even in the absence of foreseeability or in the presence of only very limited foreseeability, such modifications would serve to reduce the sum of accident and safety costs, that is, to further market deterrence...
What effect, in all these cases, should limited foreseeability or absence of foreseeability have on the proximate cause decision when that decision is viewed from a market deterrence standpoint?
In addition, the traditional tort principle of foreseeability relied upon in Wallace and Culbert provides adequate protection against unduly burdensome liability claims for emotional distress.
To the contrary, our reexamination of the history and central purpose of this pragmatic restriction on the doctrine of foreseeability heightens our commitment to it.
