Byron Dorgan: “If I may finally say, you are absolutely correct about strict liability. But the reason for the standard of strict…”

“If I may finally say, you are absolutely correct about strict liability. But the reason for the standard of strict liability is that there are some kinds of activities that are sufficiently dangerous and contain sufficient risks that a strict liability standard has been determined to be in the public interest. What I think you are saying is if, in the case of utilities, a State determines that a strict liability standard is appropriate, that is the same as a State defining a utility as a product. There is no relationship between the standard and the product. I think most of us believe----”