... against the interest which he must sacrifice to avoid the risk. All these are practically not susceptible of any quantitative estimate, and the second two are generally not so, even theoretically. For this reason a solution always involves some preference, or choice between incommensurables and it is thought most likely to accord with commonly accepted standards, real or fancied." This rule set by Judge Hand suggests that society should allow a certain amount of accidents where the costs of avoiding the accident would far outweigh the gaining of a reduced risk. Following cases have established areas in which the courts have accepted the use of this rule and where the courts have chosen just to look at varying elements of the rule. In Paris v. Stepney BC, an employer was found to be negligent in failing to supply a workman, who was sighted in only one eye, with goggles to protect his ...

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