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Multiple tortfeasors in high risk industries: how to share liability?

Author

Listed:
  • Julien Jacob
  • Bruno Lovat

Abstract

We develop a model in which two firms contribute to a risk of accident, each firm being financially unable to compensate for the entire damage. One firm directly operates the risky activity (and can make an effort in care to reduce the probability of an accident occurring), while the other firm provides an input technology whose quality has an impact on the likelihood an of accident occurring. We define a second-best rule of apportionment of liability between these two firms, and we show that this optimal sharing rule is sensitive to the market relationship on the technological market; thus calling for a collaboration between agencies in charge of risk regulation and those in charge of competition issues.

Suggested Citation

  • Julien Jacob & Bruno Lovat, 2016. "Multiple tortfeasors in high risk industries: how to share liability?," Working Papers of BETA 2016-35, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
  • Handle: RePEc:ulp:sbbeta:2016-35
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    File URL: http://beta.u-strasbg.fr/WP/2016/2016-35.pdf
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    More about this item

    Keywords

    multiple tortfeasors; sharing liability; insolvency; innovation; technical diffusion; market power.;
    All these keywords.

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • H23 - Public Economics - - Taxation, Subsidies, and Revenue - - - Externalities; Redistributive Effects; Environmental Taxes and Subsidies

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