Venue: |
NY Ct. App
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Facts: |
In the blackout, Strauss has no running water. He goes to
the basement to get water, and falls. Sues the power
company. |
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Posture: |
Summary judgment for defendant Con Ed at trial. Affirmed on
appeal; case against Con Ed dismissed. |
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Issue: |
Does Con Ed owe a duty of care to someone who gets hurt in
a common area of a building? |
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Holding: |
No. Dismissal is affirmed. |
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Rule: |
For public policy reasons, we need to limit liability to privity
of contract. |
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Reasoning: |
Unlimited liability, essentially: everyone would sue, and there'd
be no end to the list of foreseeable parties or injuries.
The courts have a duty, as a matter of public policy, to
contain this stuff at a manageable level. |
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Dicta: |
Dissent: so, basically, the more widespread and serious the
injury, the less the tortfeasor's responsibility, if
we go this route. That seems wrong. |
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