One of the most fundamental limitations on tort liability – all tort liability – is that a plaintiff must suffer an injury before s/he can bring a lawsuit. As Judge (later Justice) Benjamin Cardozo, held “[p]roof of negligence in the air, so to speak, will not do.” Palsgraf v. Long Island Railroad Co., 162 N.E. 99, 99 (1928) (citation omitted). Or, as Professors William Prosser and Page Keeton, put it in their treatise:
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