Citation

De Mot J, Depoorter B. Int. Rev. Law Econ. 2011; 31(4): 284-290.

Copyright

(Copyright © 2011, Elsevier Publishing)

DOI

10.1016/j.irle.2011.07.005

PMID

unavailable

Abstract

This article examines the influence of nondurable precaution technologies on the expansion of tort awards. We provide four contributions to the literature. First, we present a general, formal model on durable and non-durable precaution technology that focuses on memory costs. Second, because liability exposure creates interference, we argue that tort law perpetuates the expansion of awards. Third, because plaintiffs do not consider the social costs of interference effects, private litigation induces socially excessive suits. Fourth, while new harm-reducing technologies likely increase accident rates, such technologies also raise the ratio of trial costs to harm, leaving undetermined the overall effect of new technologies on the rate of litigation.