| Venue: | NY Ct. App |
| Facts: | In the blackout, Strauss has no running water. He goes to the basement to get water, and falls. Sues the power company. |
| Posture: | Summary judgment for defendant Con Ed at trial. Affirmed on appeal; case against Con Ed dismissed. |
| Issue: | Does Con Ed owe a duty of care to someone who gets hurt in a common area of a building? |
| Holding: | No. Dismissal is affirmed. |
| Rule: | For public policy reasons, we need to limit liability to privity of contract. |
| 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. |
| 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. |