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Persistent link: https://www.econbiz.de/10011072080
This paper provides a framework to evaluate human life based on civil court decisions on damages for pain and suffering. Using judgements from Germany and Austria over the last 25 years, we calculate an average Value of Damages for Pain and Suffering (VDPS) of about EUR 1.79 millions, with a...
Persistent link: https://www.econbiz.de/10010293327
We analyze the pricing of pain and suffering and, in particular, whether the corresponding compensations are affected by a court's approach to value such damages. For this purpose, we use data on pain and suffering verdicts in Austria, where courts are generally free to choose between a per diem...
Persistent link: https://www.econbiz.de/10010293355
The German Environmental Liability Law (ELL) of 1991 has introduced far-reaching civil liability for environmental damages with the aim to increase firms? efforts to prevent accidents. Previous studies find poor evidence that this goal has actually been achieved. One and a half decades after the...
Persistent link: https://www.econbiz.de/10010293420
The Basel Committee plans to differentiate risk-adjusted capital requirements between banks regulated under the internal ratings based (IRB) approach and banks under the standard approach. We investigate the consequences for the lending capacity and the failure risk of banks in a model with...
Persistent link: https://www.econbiz.de/10010298263
Strict liability is widely seen as the most suitable way to govern highly risky activities, such as environmentally dangerous production or genetic engineering. The reason which is usually given for applying strict liability to these areas, is that not only efficient care is supposed to be...
Persistent link: https://www.econbiz.de/10010307647
In the economic analysis of liability law, information about accident risk and how it can be influenced by precautions is commonly taken for granted. However, a profound understanding of the relationship between care and accident risk often requires learning-by-doing. In a two-period model, we...
Persistent link: https://www.econbiz.de/10011319094
Diese Arbeit beinhaltet eine Untersuchung der Effekte einer einheitlichen Anwendung der Gefährdungshaftung als Grundprinzip der Produkthaftung bei länderübergreifendem Handel. Der Schwerpunkt der Analyse basiert auf einem Rahmen unvollkommenen Wettbewerbs bei heterogenen Konsumenten und...
Persistent link: https://www.econbiz.de/10011319097
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011335362
This paper assesses the widely held belief that damages for pain and suffering are random or arbitrary. We empirically analyze the differential impact of a plaintiff's personal characteristics, pain-specific circumstances and a lawsuit's procedural features on such payments. Relying on a dataset...
Persistent link: https://www.econbiz.de/10011381800