Liability in Anglo-American Law for Damage Done by Chattels

Abstract

This study is limited to liability in common-law countries for harm to persons and things caused by chattels, animate and inanimate, through their own force undirected by any human being. The energy which generates the harmful force may be kinetic or potential but it is not directly supplied or released by any responsible agency. This limitation excludes harm resulting from the activity of persons who employ chattels as a means to accomplish harm to others or to things or who so utilize chattels in the conduct of their activity that such harm results. Therefore, the study does not include the liability of those who use motor cars, firearms, explosives, or other things in such a manner and for such a purpose as to subject them to liability in tort whether for their intentional or negligent misconduct or because they have engaged in an activity so ultrahazardous as to render them liable for the accidental miscarriage thereof. Neither does it include vicarious liability in any form. Within its scope, however, is included liability for trespasses on land by domestic animals and personal injuries by domestic and wild animals; harm caused by explosives or combustibles not intentionally or negligently discharged or ignited by a human being; and the escape of substances which, while ordinarily harmless, become potentially harmful because collected in unusual quantities in artificial receptacles.