Thanks to Prof. Bill Childs, Associate Professor of Law, Western New England School of Law.
The jury is the only thing between the productive party and the land pirate and the parasitic clients.
This case brings up another question. What is the quantity of foreseeability that triggers duty? Is it 1 in 1 million, as the husband estimated in his deposition? Is it over 51% chance, equivalent to the burden of proof, and a natural landmark?
By the lack of quantification of foreseeability, the civil defendant has not received notice. All foreseeabilities in between should be unlawful by statute.
2 years ago