In 1996 the ALI approved development of the Restatement Third, Torts: Liability for Physical and Emotional Harm, which applies mostly to nonintentional torts. As of 2011, neither of this Restatement's two volumes had yet been published in final form.

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The first volume of the Restatement Third, Torts: Liability for Physical and Emotional Harm was published in 2010, and the second volume was published in 2012.

In 1996 the ALI Approved Development of the Restatement Third