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Hindsight Bias triumphs over Proximate Causation

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Back in the olden days, vicious killers might have been seen to break the causal chain, and to be responsible to their victims. Today, those who operate the garage where the killers chose to park are liable because they didn't close it. This case is one where, it is to be hoped, the doctrine of proximate causation will again prevail at the Court of Appeals level.

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Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.