1. 115 embodying an approach that was thought by legal scholars to be risk and contributory negligence, the workers' compensation schemes provided recovery for injury irrespective of the employer's (or any fellow servant's) fault. 117 The result was a form of enterprise liability;comprehensive workers' compensation statutes, a radical social reform predicated on the special responsibility of employers toward their workers
2. See also DOUGLAS BRODIE, ENTERPRISE LIABILITY AND THE COMMON LAW 3 (2010) (emphasizing the "radical nature;Jeremiah Smith;Sequel to Workmen's Compensation Acts, 27 HARV. L. REV
3. Holmes, Cardozo, and the Legal Realists: Early Incarnations of Legal Pragmatism and Enterprise Liability