Industrialization created accidents and knowledge gaps that the old tort law ignored.

Evidence

The dramatic transformation of judicial policy from the second to the third regime, like that from the first regime to the second, reflected changes in both social conditions and social philosophy. The industrialization of the American economy in the late nineteenth century led to increased work-related accidents, as workers dealt with more dangerous machinery and materials. Consumers benefited from the wider range of products on the market but often lacked the technical expertise to assess the engineering or safety of modern goods. Neither could they individually bargain with mass producers for guarantees that the goods they bought were safe and durable. — G. Alan Tarr, Judicial Process and Judicial…, 3467

Categorization

• XREF: connects to: Nineteenth-century courts shifted tort law toward negligence to favor industrial growth — G. Alan Tarr, Judicial Process and Judicial…, 3405; Industries invented harm thresholds they had no evidence to support — Albert Bandura, Moral Disengagement: How People Do Harm…, 1765; Industrial calamities forced the creation of genuinely new tort law — Lawrence M. Friedman, A History of American Law, 1783

Broader Connections

• Industries invented harm thresholds they had no evidence to support #expands (0.85) — Albert Bandura, Moral Disengagement, 1765