Kentucky Law Journal
This Article examines what is meant, or should be meant, by "normal risk," and how to determine what the "normal risks" are in a given situation. This Article proposes a new legal concept "baseline risk.'' The objective is to design a concept of baseline risk that should prove useful in tort litigation by clarifying what is meant by "normal risk" and providing a well-defined concept upon which a reevaluation of traditional tort concepts might rest. A more precise notion of "normal risk" may assist in improving the designs of such traditional tort concepts as "unreasonable risk," "abnormally dangerous activity," "product defect," and "causation"-concepts dangerous activity," that are stubbornly vague in increasingly unproductive ways.
Vern R. Walker,
The Concept of Baseline Risk in Tort Litigation, 80 Ky. L.J. 631
Available at: http://scholarlycommons.law.hofstra.edu/faculty_scholarship/579