To: gridlock
the statements that you have to handle and store it in a responsible manner, or face strict liability and the statement that the owner is responsible when somebody blows themselves up are largely the same. Now here's your THIRD statement, which is different from your previous "you JUST have to handle and store it in a responsible manner."
If you ever decide what legal principle you wish to support, do let me know. Trying to nail jello to a wall is not my idea of a good time.
32 posted on
09/29/2003 12:49:24 PM PDT by
MrLeRoy
(The legitimate powers of government extend to such acts only as are injurious to others. - Jefferson)
To: MrLeRoy
I am sorry. Perhaps I was not being clear.
Safe storage and handling of Dynamite will not absolve the owner from liability, since the doctrine of strict liability holds the owner responsible for all injuries, regardless of external factors. So my use of the word "just", in as much as that would imply that by "just" doing something would get the owner off the hook for liability was a mistake.
What I meant to say was that the owner just had to make sure that he stored and handled the Dynamite safely so that he could prevent any injuries. Because if there were injuries, he would be liable. That is the way it is with inherently dangerous materials.
Sorry if I was being unclear before.
33 posted on
09/29/2003 1:19:36 PM PDT by
gridlock
(All I need to know about Islam I learned on 9/11/01)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson