The vast majority of nonprivileged batterers are at least somewhat at fault, even if the fault is slight.196 There is, however, a small residuum of battery cases that do not involve fault at all. In some of these, the defendant justifiably imposes a heightened risk of harm, so as to satisfy the “substantial certainty” prong of battery’s intent element. Such liability can be grounded in a non-fault-based form of moral responsibility, the same sort of moral responsibility that underlies strict liability for abnormally dangerous activities and the doctrine in Vincent v. Lake Erie Transportation Co.197
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