Comments on: Great moments in foreseeability

By: John Burgess

John Burgess — Wed, 18 Mar 2015 21:34:59 +0000

@Crabtree: Why take the risk? Remove balconies.

They may fall off; people may fall off of them; and as per the instant case, things can be thrown off them.

By: Mike

Mike — Wed, 18 Mar 2015 19:58:48 +0000

Would the court’s analysis be different if the kid had dropped one of the rocks?

By: No Name Guy

No Name Guy — Wed, 18 Mar 2015 19:17:13 +0000

Well, we know the “correct” solution to this will be to weld the doors to the balcony shut.

By: Crabtree

Crabtree — Wed, 18 Mar 2015 19:03:52 +0000

I’ve been fond of this quote ever since 1L.

“Life is too short to pursue every human act to its most remote consequences; “for want of a nail, a kingdom was lost” is a commentary on fate, not the statement of a major cause of action against a blacksmith.” – Scalia

Holmes v. Secs. Investor Protection Corp. (90-727), 503 U.S. 258 (1992).

By: Wilbur

Wilbur — Wed, 18 Mar 2015 18:08:37 +0000

Sounds like strict liability to me, liabilty triggered purely by the existence of a child victim and a horrific injury.

Unnnnnbelievable.