For Want of an Exit

For want of an exit the restroom was lost

For want of a restroom decorum was lost

For want of decorum a tree was sought

For want of a tree the field was crossed

But the field's hidden hole bore a great cost

Yet because of a storm sight of it had been lost

Sadly the use of his leg was thus lost

And all for the want of an exit ramp

Apparently in Kentucky everything is foreseeable and "substantial factor" causation is nothing more than simple "but for" causation.  See, Waldsachs v. Inland Marine Service, Inc.

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Discretizations

2011 DRI Annual Meeting

To the followers of Mass Torts:  State of the Art, apologies for our absence. Summer was unusually hectic and this fall has been a nightmare. 

We were out the end of last week to attend and to speak at the DRI annual meeting in Washington. Here's our PowerPoint from the presentation on the Restatement (Third) re: duty, risk and causation (and how, and why, it got all mixed up).  If you find some or all of it helpful feel free to use it. Attribution is always appreciated.

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