Abstract

Abstract The authors, who are lawyers and law professors, review how a common law court would use principles of civil tort law to decide whether a program of primary prevention would be potentially liable for damages to a person who claims to have been injured by the program. The authors review the basic principles – duty of care, breach of the standard of care, factual and legal causation, and damages – in the context of primary prevention and conclude that any such program has the potential for liability.

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