Jonathan Cardi, Ashton Jenne and Chace Villarreal, ‘The Paradox of Continuing Risk’, available at SSRN (5 May 2025). In ‘The Paradox of Continuing Risk’, W Jonathan Cardi, Ashton Jenne, and Chace Villarreal surface and incisively explore a consequential puzzle. Across the United States, 32 jurisdictions have adopted the continuing-risk rule, which imposes an affirmative duty to warn, protect, or rescue others from continuing risks created by one’s conduct. But despite the multitude of courts that have endorsed the rule – and the rule’s unbroken acceptance in various Torts Restatements – few actual cases apply this principle. To start, it’s important to understand what exactly the continuing-risk rule does and why it matters … (more)
[Nora Freeman Engstrom, JOTWELL, 23 June 2025]
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