Though negligence is emphasized as a basis for determining liability in tort law, Professor Peck points out that liability without fault has always played a major role in that area and, in fact, underlies most torts which are recognized today. After examining these types of torts and distilling some general principles governing the application of liability without fault, he concludes that these principles are also applicable to automobile accident litigation, thus predicting the demise of negligence as a principle of liability in that field.
Cornelius J. Peck,
Negligence and Liability Without Fault in Tort Law,
46 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol46/iss2/2