Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-Appellant

POLITZ, Circuit Judge,

with whom

JOHNSON and JERRE S. WILLIAMS, Circuit Judges, join, dissenting:

Believing the majority opinion to be at odds with the principles underlying strict liability, I respectfully dissent. Though mindful of Justice Holmes’ observation that the law is grounded in experience, not logic, Holmes, The Common Law, p. 1 (1881), I am not convinced that this case obliges us to ignore the logic underpinning the tort principles pertinent to the issue before us. I perceive strict liability and comparative fault as incompatible concepts.

Strict Liability

Strict liability is not a…