Limiting Responsibility: Tort Doctrines

Thomas J. Miceli ()
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Thomas J. Miceli: University of Connecticut

Chapter Chapter 5 in Harm and Responsibility, 2024, pp 77-120 from Springer

Abstract: Abstract Various doctrines in the law of torts act to limit the liability of individuals or firms that cause harm. The principal limits are proximate cause, which limits liability to harms that were reasonably foreseeable to the injurer; and negligence, which limits liability to harms that result from failure to take reasonable precautions. The chapter discusses various forms of negligence, including contributory negligence and comparative negligence, as well as the related doctrines of res ipsa loquitur and last clear chance. It then turns to the question of how the existence of a market relationship between the injurer and victim affects the assignment of liability for product-related harm. It finally discusses the doctrine of assumption of risk, the judgment-proof problem, and statutes of limitations on tort claims, all of which impose limits on an injurer’s liability.

Keywords: Tort law; Proximate cause; Negligence; Products liability; Assumption of risk; Statutes of limitations (search for similar items in EconPapers)
Date: 2024
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DOI: 10.1007/978-3-031-74831-8_5

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