Fault, Settlement, and Negligence Law
AbstractState tort laws that govern the apportionment of damages from accidents often bar potential plaintiffs who played even a minor causal role in the accident from recovering damages from other culpable parties. However, anecdotal evidence suggests that judges and juries fail to enforce the letter of the law, which leads to a weaker relationship between fault in an accident and recovery for injuries than the laws would predict. Data from insurance settlements arising out of auto accidents are consistent with the anecdotal evidence. This indicates that the letter of the law may be less important in shaping individuals' behavior than scholars have supposed.
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Bibliographic InfoArticle provided by The RAND Corporation in its journal RAND Journal of Economics.
Volume (Year): 26 (1995)
Issue (Month): 2 (Summer)
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- Eric Helland & Jonathan Klick & Alexander Tabarrok, 2005. "Data Watch: Tort-uring the Data," Journal of Economic Perspectives, American Economic Association, American Economic Association, vol. 19(2), pages 207-220, Spring.
- Spurr, Stephen J. & Howze, Sandra, 2001. "The effect of care quality on medical malpractice litigation," The Quarterly Review of Economics and Finance, Elsevier, Elsevier, vol. 41(4), pages 491-513.
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