Abstract
As a general rule, liability correlates with fault. That is, when the law declares a person liable, it is usually because the person is, in some sense, at fault. Similarly, when the law does not declare a person liable, it is usually because the person is not deemed to be at fault. There are exceptions, of course. A storekeeper who unwittingly sells a product that harms another may be held liable under the doctrine of strict liability, despite her blameless conduct. Similarly, a website owner who knowingly permits others to post defamatory statements on her website is not liable, despite her blameworthiness. In these exceptional cases, liability does not correlate with fault because instrumental goals override its importance.
Document Type
Article
Publication Date
2018
Recommended Citation
John F. Preis, Qualified Immunity and Fault, 93 Notre Dame L. Rev. 1969 (2018).