Foreseeability and Flying T-Shirts: Palsgraf Revisited, pp. 36-37

Linda A. Sharp

The beauty of tort law is that it retains an inherent flexibility responsive to societal developments and new technologies. Whether we are dealing with a horsedrawn carriage run amuck or a modern-day marketing promotion using a t-shirt cannon, courts still address the essential and fundamental issues of duty, breach of duty, causation and damages. A recent New York case illustrates a court’s reliance on long-established precedent as it decided the case of the flying t-shirts.