This is a post by Gregory C. Keating (USC Gould School of Law).

In his excellent blog post Does Tort Law Really Care About You?, Diego Papayannis addresses a fundamental question of tort law and challenges my view of the matter as he understands it from my book Reasonableness and Risk (OUP 2022). The role of the law of torts is to secure us against harm at each other’s hands as we go about our lives in civil society. How then should the law of torts respond to unavoidable harm?

This is a post by Diego M. Papayannis (University of Girona).

Imagine you live just 50 meters away from a massive cement plant. The plant operates lawfully and takes every reasonable precaution, yet its dust emissions still cause severe damage to your property and health. Because the economic activity carried out by the plant is of utmost importance to your town, the court refuses to issue an injunction to put an end to the nuisance. Instead, it awards you permanent damages to compensate for all the harm suffered. Problem solved?