Courts should not let rate adequacy dictate negligence liability for utilities

Evidence

Considering property alone, the question is merely on whom shall the burden of loss, or of insurance therefore, fall. Sound principles of justice would indicate that it be on the party at fault. If the rates currently fixed and presently being charged for water service by the defendant or other water companies are not sufficient to cover the cost of meeting or protecting themselves against such contingent liability, then procedures are available for adjusting the rates to the extent necessary. In determining liability for negligence the courts should not be governed by the adequacy of past or existing rates. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2362

Categorization

• XREF: connects to: An outmoded liability rule should not shield utilities at the cost of human life — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2365; Remaining ignorant of problems protects against negligence liability; Judicial rules should not be applied to dryly logical extremes — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 144 (+1 more)

Broader Connections

• An outmoded liability rule should not shield utilities at the cost of human life #expands (0.82) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2365
• Remaining ignorant of problems protects against negligence liability #contradicts (0.78)
• Judicial rules should not be applied to dryly logical extremes #qualifies (0.72) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 144
• Strict tort liability applies to non-profit distributors of defective products #expands (0.72) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1074