Situations in which there is uncertainty over the cause of harm are studied (e.g., was the lung cancer due to normal … incentives to reduce risk of various ways of treating such uncertainty under the liability system are identified using a … theoretical model of the occurrence of harm. The main points are these. Use of a threshold probabilit' of causation (e.g., 50%) as …

Liability in tort and the regulation of safety are considered as means of controlling accident risks using the … instrumentalist, economic method of analysis.Four general determinants of the relative social desirability of liability and regulation …; the possibility that parties would not be able to pay fully for harm done; the chance that they would not face suit for …

The effect of liability rules on accident avoidance is studied in two types of situations in which potential victims … and potential injurers act sequentially: those where victims act first and injurers second; and those where the reverse is … true. What is of special interest about the working of liability rules in such sequential situations is that the party who …

This paper formally analyzes strict liability and negligence in a market setting. The discussion emphasizes the impact …

When parties can bargain with each other in an externality situation, it is frequently argued that liability rules are … preferable to property rules. The case for liability rules is thought to be strongest when the parties behave strategically, when … are not available. It is shown here that liability rules are not generally preferable to property rules in these …

This article studies a model of liability for automobile accidents in the coming world in which automobiles will be … autonomous. In that world, travelers will not be drivers, rendering liability premised on driver fault irrelevant as a means of … reducing accident dangers. Moreover, no other conventional principle of individual or of manufacturer liability would serve …

retrospective compensation for harm from defective products or misrepresentation of product features. This paper reexamines the …

physicians under medical liability rules. We theorize that physicians of particular backgrounds will be attracted to regions when … setting standards at court, a distinction that captures meaningful differences in the clinical expectations of the law in …