The health and wellbeing of the public is, in part, a function of the behavior of individuals. When one individual’s behavior places another at a foreseeable and easily preventable risk of illness or injury, tort liability can play a valuable role in discouraging that conduct. This is true in the context of childhood immunization.
Stephen P. Teret & Jon S. Vernick,
Gambling with the Health of Others,
Mich. L. Rev. First Impressions
Available at: http://repository.law.umich.edu/mlr_fi/vol107/iss1/8