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Jurors, Judges, and the Mistreatment of Risk by the Courts

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Author Info
Viscusi, W Kip

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Abstract

A sample of almost 500 jury-eligible citizens considered a series of experimental situations involving accidents. The juror sample did not properly apply negligence rules, as their errors were particularly great for low-probability, large-loss cases. They also penalized corporations for undertaking corporate risk analyses that seek to trade off cost versus risk reduction benefits. Jurors' damages assessments were also more prone to error than were responses by a sample of state judges. Judges were less prone to erroneous risk beliefs and less subject to the zero-risk mentality. Copyright 2001 by the University of Chicago.

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Publisher Info
Article provided by University of Chicago Press in its journal Journal of Legal Studies.

Volume (Year): 30 (2001)
Issue (Month): 1 (January)
Pages: 107-42
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Handle: RePEc:ucp:jlstud:v:30:y:2001:i:1:p:107-42

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  1. Thomas A. Eaton & David B. Mustard & Susette M. Talarico, 2005. "Punitive Damages and the Processing of Tort Claims," Law and Economics 0501002, EconWPA. [Downloadable!]
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This page was last updated on 2008-6-14.


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