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46 BYU L. Rev. 1619 (2020-2021)
Strict Liability for the Information Age

handle is hein.journals/byulr46 and id is 1667 raw text is: Strict Liability for the Information Age Kevin Alden CONTENTS I. GIG COMPANIES AND THE LAW CURRENTLY ...............................................1624 A. Respondeat Superior ..............................................................................1625 B. In the Service of the Employer ...............................................................1626 C. Independent Contractors........................................................................1627 D. Recent Developments in Independent Contractor Tests....................1628 II. OLD APPROACHES TO ADDRESSING GIG LIABILITY.....................................1630 III. HAVEN'T WE BEEN HERE BEFORE? TAXIS AND THE GIG ECONOMY ...........1631 IV. IS IT TIME TO EXPAND STRICT LIABILITY TO SERVICES? .............................1633 A. The Purposes of Tort Law ......................................................................1633 B. Origins of and Justifications for Strict Products Liability...................1634 C. The Industrial Age's Role in Products Liability ..................................1636 D. The Information Age's Role in Service Liability .................................1637 E. One of Many Possible Exclusions for Strict Liability for Services .....1640 F. The Economics of Strict Liability ...........................................................1641 G. Claims by Innocent Bystanders.............................................................1642 V. SOME ISSUES WITH STRICT SERVICE LIABILITY............................................1643 A. The Problem with Differentiating Service Providers .........................1644 VI. CONCLUSION .........................................................................................1645 Stacey Curry was killed while walking through a parking lot to her office.1 She was struck and run over by a delivery truck.2 The driver said he thought he had gone over a speed bump. The police officer on the scene could not explain how the driver did not see her: there were no parked cars limiting visibility, it was a sunny day, and the posted speed limit was low.3 Telesfora Escamilla was 1. Patricia Callahan, Amazon Pushes Fast Shipping but Avoids Responsibility for the Human Cost, N.Y. TIMES (Sept. 6, 2019), https://www.nytimes.com/2019/09/05/us/ amazon-delivery-drivers-accidents.html. 2. Patricia Callahan, His Mother Was Killed by a Van Making Amazon Deliveries. Here's the Letter He Wrote to Jeff Bezos, PROPUBLICA (Sept. 5, 2019, 1:59 AM), https:/ / www.propublica.org/ article/ his-mother-was-killed-by-a-van-making-amazon- deliveries-heres-the-letter-he-wrote-to-jeff-bezos. 3. See id. 1619

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