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It depends on what you mean by "We". If you mean the courts that develop the common law of torts, then no it isn't. I suppose it also depends on what you mean
by timwiseman 15y ago
It depends on what you mean by "We". If you mean the courts that develop the common law of torts, then no it isn't. I suppose it also depends on what you mean by accepted, but in torts who is responsible is very often a highly contentious topic at the very center of the case.
In torts, the courts generally try to ascertain fault and try to do justice. But that is a general principle that they will intentionally and consciously break away from when they think they are serving a higher purpose. They will absolve liability or limit liability to just certain victims through the doctrine of proximate cause. Part of the development of that doctrine was openly to protect businesses from unending liability (and particularly railroads) to make sure they stayed in business. On the flip side, we will apply strict liability for certain activities, even if the injured party was 100% the one at fault. This had numerous reasons, but one of them was to limit use of those activities.
And criminally, we won’t make Bob’s cannon illegal, but we will happily make it illegal for Bob to have a cannon while letting Sally have one. We don’t allow convicted felons to own guns for instance. And we don’t allow the blind to have a driver’s license.