A growing body of literature suggests that courts and juries are inclined toward division of liability between two … strictly non-negligent or “vigilant” parties. However, standard models of liability rules do not provide for vigilance …-based sharing of liability. In this paper, we explore the economic efficiency of liability rules based on comparative vigilance. We …

In this paper we discuss a new tort liability rule, which we call super-symmetric comparative negligence and vigilance …. When both injurer and victim in an accident are negligent, it provides for liability shares that depend on the degrees of … negligence of the two parties, similar to the standard comparative negligence rule. Unlike standard liability rules, however …