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

evidence has been put forth to date bearing on the relationship between medical liability forces on the one hand and medical …--e.g., damage caps--we estimate that the current liability system plays at most a modest role in inducing higher levels of health … care quality. We contend that this limited independent role for medical liability may be a reflection upon the structural …

Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore … costs. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or … Superfund litigation. We find that joint and several liability does not discourage settlements and may even encourage them. Our …

Understanding how and why liability laws and liability reforms alter the medical treatment decision-making process is … central to reforming the current U.S. malpractice liability system. Survey methods serve a valuable role in this process … System survey, we present four findings. First, physicians from states enacting liability reforms that directly reduce …

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 …

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 …

(self-protection) or size (self-insurance) of a loss. However, in the case of liability risk, especially physician responses … cost of malpractice liability. Specifically, we test whether physicians exploit provisions of bankruptcy laws and adjust … the value of their home purchases to protect assets from liability claims exceeding their malpractice policy limits. We …

limit the liability exposure of healthcare providers are associated with a significant reduction in medical device patenting …