Negligence: Purpose, Elements, and Evidence The Role of Foreseeability in the Law of Each State

by Vicki Lawrence MacDougall, Gregg Luther, Lee Peoples

Foreseeability is a foundational concept of American Tort jurisprudence. The publication of the Restatement (Third) of Torts, Liability for Physical and Emotional Harm (2010/2012) has rekindled the interest and importance of foreseeability in negligence law. NEGLIGENCE PURPOSE, ELEMENTS, AND THE ROLE OF FORESEEABILITY IN THE LAW OF EACH STATE serves three main purposes. The first goal is to provide a brief refresher in basic tort law. The second is a basic research tool for the bench and the bar. And the third, and last purpose of this tome is to observe the role of foreseeability in each state and illustrate that the attempts of the Restatement (Third) of Torts, Liability for Physical and Emotional Harm to remove foreseeability from the analyses of duty and proximate cause are out-of-step with the practical application of tort law in the vast majority of jurisdictions.

The authors include practicing attorneys, law professors, and academic law librarians from throughout the country. This book follows the “sentence/citation format,” which removes author opinion and commentary and focuses on the Black Letter Law from every state on foreseeability.

348 pages, Paperback

Published February 4, 2020