Comment by tennysont
4 hours ago
That's such a strange interpretation that disagrees with my intuition.
If the Yankees hit a practice ball out of their stadium and into my house, causing bodily harm to a loved one, I wouldn't be satisfied with any of the reasoning in your comment.
More generally, people are allowed to take on risk as per their own appetite, but legal liability allows risk-hungry individuals to be incentive-aligned with everyone else.
I don't actually find it a particularly strange interpretation.
Here's another lens:
I install cabinets in your kitchen. Your loved one trips, hits the cabinets, breaks their neck and dies.
Should I be liable in this case as well? I did a thing that was involved in harming your loved one... if the cabinet hadn't been there, they might not have died.
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In both cases, it's pretty clear that there's no intent to harm your loved one. At best you're arguing that it was "foreseeable" that hitting a baseball might harm someone, and that it wasn't "foreseeable" that installing cabinets would harm someone.
But clearly that's ALSO wrong, because we know people have been hurt hitting cabinets before.
So clarify how you'd assign blame in this case, and why it's different from the baseball case?
Basically - your stance is that risk is always a decision someone has made, but I find disagrees with my intuition. Risk is an inherent part of life.