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Accidental Death and the Rule of Joint and Several Liability

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Author Info
Daniel Carvell
Janet Currie
W. Bentley MacLeod

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Abstract

Reforms to the Joint and Several Liability rule (JSL) are one of the most common tort reforms and have been implemented by most US states. JSL allows plaintiffs to claim full recovery from one of the defendants, even if that defendant is only partially responsible for the tort. We develop a theoretical model that shows that the efficiency of the JSL rule depends critically on both whether the care taken by potential tortfeasors is observed, and on how the actions of the potential tortfeasors interact to cause the harm. We then provide evidence that reforms of the JSL rule have been accompanied by reductions in the accidental death rate in the U. S. This result is consistent with the hypothesis that the reform of JSL causes potential tortfeasors to take more care.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 15412.

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Date of creation: Oct 2009
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Handle: RePEc:nbr:nberwo:15412

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Find related papers by JEL classification:
I1 - Health, Education, and Welfare - - Health
K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability

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    Other versions:
  4. Gary S. Becker & Kevin M. Murphy & Michael Grossman, 2006. "The Market for Illegal Goods: The Case of Drugs," Journal of Political Economy, University of Chicago Press, vol. 114(1), pages 38-60, February. [Downloadable!] (restricted)
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  7. Janet Currie & W. Bentley MacLeod, 2008. "First Do No Harm? Tort Reform and Birth Outcomes," The Quarterly Journal of Economics, MIT Press, vol. 123(2), pages 795-830, 05. [Downloadable!] (restricted)
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  8. Robert Cooter & Ariel Porat, 2007. "Total Liability for Excessive Harm," Journal of Legal Studies, University of Chicago Press, vol. 36, pages 63-80. [Downloadable!]
  9. Kornhauser, Lewis A & Revesz, Richard L, 1990. "Apportioning Damages among Potentially Insolvent Actors," Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 617-51, June.
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  11. Kessler, Daniel & McClellan, Mark, 1996. "Do Doctors Practice Defensive Medicine?," The Quarterly Journal of Economics, MIT Press, vol. 111(2), pages 353-90, May. [Downloadable!] (restricted)
  12. Segerson, Kathleen, 1988. "Uncertainty and incentives for nonpoint pollution control," Journal of Environmental Economics and Management, Elsevier, vol. 15(1), pages 87-98, March. [Downloadable!] (restricted)
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