Liability for Unknown Risks: A Common Law Perspective

In this article, I address the issue of liability for unknown risks from a Common Law perspective. My observations are made principally with English law in mind, but there is also reference to the (mixed) legal system of Scotland as well as to US Common Law (in relation to product liability). In order to set the scene, and in particular to explain the concept of unknown risks, some recitation of basic tort law principles is desirable.