Please cite to the original publication
My first proposition is a simple one, and if it is accepted it is certainly broad enough to require an affirmative answer to the question put in the title. The proposition is this: Strict liability is to be preferred over a system of liability based on fault wherever you have an enterprise or activity, beneficial to many, which takes a more or less inevitable accident toll of human life and limb. This is true at least where the accident victims are as a class economically ill-equipped to carry the burden of serious accident losses. The impact of such losses on the individual in terms of human hardship is often crushing and the repercussions of this blow reach far beyond the individual and pose a significant social problem.
Date of Authorship for this Version
General Products: Should Manufacturers be Liable Without Negligence?, 24 Tenn. L. Rev. 923 (1957)