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The Welfare Implications of Costly Litigation in the Theory of Liability

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Author Info
A. Mitchell Polinsky
Daniel L. Rubinfeld

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Abstract

One of the principal results in the economic theory of liability is that, assuming litigation is costless, the rule of strict liability with compensatory damages leads the injurer to choose the socially appropriate level of care. This paper reexamines this result when litigation is costly. It is shown that strict liability with compensatory damages generally leads to a socially inappropriate level of care and to excessive litigation costs. Social welfare can be increased by adjusting compensatory damages upward or downward, with the desired direction depending on the effect of changes in the level of liability on the injurer's decision to take care and on the victim's decision to bring suit.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 1834.

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Date of creation: Oct 1988
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Handle: RePEc:nbr:nberwo:1834

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  1. Marilyn J. Simon, 1981. "Imperfect Information, Costly Litigation, and Product Quality," Bell Journal of Economics, The RAND Corporation, vol. 12(1), pages 171-184, Spring.
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Cited by:
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  1. Eric Rasmusen, 1995. "``Predictable and Unpredictable Error in Tort Awards: The Effect of Plaintiff Self Selection and Signalling,''," Law and Economics 9506003, EconWPA. [Downloadable!]
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