Strict liability for all harm discouraged risky or innovative action.

Evidence

During this first regime, people were generally held responsible for any harm their actions may have caused, whether intentional or inadvertent. Underlying this standard was the notion that tort law exists primarily to redress injuries. This standard served to impede change in the society. Because people were responsible for any adverse effects their actions might produce, the prudent course was to refrain from action, particularly from risky or innovative action. Put simply, under the first regime, one acted at one’s own peril. — G. Alan Tarr, Judicial Process and Judicial…, 3403

Categorization

• DEFINE: Defines the first tort regime: liability for any harm caused, intentional or inadvertent, with redress of injury as the goal.