Quote:
Originally Posted by jyl
Why is he liable?. There's no strict liability in this instance. He has to be negligent, before he's liable.
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You're technically correct I'm sure but to answer your question from a practical, real-world (and admittedly cynical) perspective he's liable because the insurance company says so and he won't be able to challenge their assertions. This is America - big corporations always win; they can squash you by simply bleeding you dry before you ever see the inside of a courtroom and they know it.