reputational concerns are not strong enough, however, for injurers to willingly compensate their victims. Absent legal liability … enforced legal liability crowds out informal incentives completely (e.g., individuals causing harm suffer no stigma) but … precautions are then socially efficient. Under imperfectly enforced legal liability, formal legal sanctions and normative concerns …

I consider the efficiency of liability rules when courts obtain imperfect information about precautionary behavior. I …

Fault-based liability regimes require an inquiry into the nature of the defendant's conduct, whereas this type of … inquiry is absent in strict liability regimes. Therefore, verdicts reached through fault-based liability regimes can convey … superior information compared to verdicts reached through strict liability regimes. Further reflection reveals that this …