Unforeseeable Consequences

A.

Foreseeability

1.
Generally The majority of jurisdictions will hold a defendant liable for the results of negligent conduct only if the results were reasonably foreseeable. Both the type of damage and the specific plaintiff must be reasonably foreseeable See Chief Judge Cardozo’s opinion in Palsgraf v. Long Island R.
Exceptions to Foreseeability Rule
Mnemonic: MEDIC

a.
Unforeseeable Manner One is liable for foreseeable harm that occurs in an unforeseeable manner. Example: An asbestos cement cover is dropped into a boiling vat of chemicals, placing others at risk of injury from the splash of the chemicals, but no one is actually hurt. A short time later the cover explodes (completely unforeseeable) and a plaintiff is hurt by the resulting splash (foreseeable injury caused in an unforeseeable manner).
Extent of Damages One is liable for the unforeseeable extent of damages if they result from a foreseeable type of injury.
Improbability Injury which is only remotely likely is considered foreseeable for purposes of liability.
Plaintiff Class Even if injury to a particular plaintiff is not foreseeable liability may be imposed if the plaintiff is a member of a class which could foreseeably be injured. Example: Two boats crash into a bridge and the debris clogs the river. As a result, the backed up water floods the plaintiff’s land. The landowners are held to be a foreseeable class. See Petition of Kinsman Transit Co. (Kinsman No.