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Kentucky Law Journal

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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.



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