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From Liability Shields To Democratic Theory: What We Need From Tort Theory Now, Heidi Li Feldman
From Liability Shields To Democratic Theory: What We Need From Tort Theory Now, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Among possible legal responses to a pandemic, quashing tort liability might seem startling. Common sense indicates that a deadly and debilitating disease would call for possible tort liability, to enable recovery for losses by those subjected to the disease because of others’ carelessness while also discouraging careless conduct that could lead to preventable cases illness in the first place. Yet, when faced with SARS-CoV-2 and COVID-19, the life-threatening disease caused by the virus, the first response of many American lawmakers was to enact, or attempt to enact, COVID-19 “liability shield” statutes. These laws introduced doctrine to eliminate or narrow grounds …