This chapter proposes a constructive corporate liability doctrine. Constructive fault permits fact finders to move beyond the strictures of subjective evidence of culpability in order to find corporate states of mind that may be more reasonably deduced or inferred with or without the assistance of subjective evidence of the defendant. The search is for the best possible estimation of a corporate mental state through actual knowledge, as well as through reasonable inferences. Did the actions of the corporation, given the circumstances, objectively manifest intention or purpose, awareness or knowledge, indifference or recklessness? Did the corporation, given its size, structure, and complexity, know of the risks of injury? Notwithstanding any evidence of actual knowledge, these are the central questions of constructive fault.
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