[evgen]

The second falls victim to fly-by-night contracting companies that are created for a specific project and then disappear in a puff of smoke once it is done and their check clears. The liability approach fails constantly because the vendor is able to easily shield themselves from the liability and then the public is left holding the bag. If the public is going to end up being the only available deep pockets for such torts then it has the responsibility to make sure that the project is built to a sufficient standard to not endanger the public and to meet the specified goals.