IDEAS home Printed from https://ideas.repec.org/a/oup/jleorg/v27yi3p515-539.html
   My bibliography  Save this article

Product Safety, Buybacks, and the Post-Sale Duty to Warn

Author

Listed:
  • Kathryn E. Spier

Abstract

A manufacturer learns a product's risks after it has been sold and distributed to consumers. When held strictly liable for product-related injuries, the manufacturer offers to repurchase the product when the risk exceeds a threshold. Consumers accept the offer when their private valuations of consumption are smaller than the buyback price. The manufacturer's private incentives to stage a buyback are insufficient, the buyback price offered is too low, and the continued product usage by consumers is excessive. The ability of the manufacturer to repurchase the product ex post reduces the incentive to design safer products ex ante. A negligence rule, the "post-sale duty to warn," implements the social welfare benchmark. The Author 2010. Published by Oxford University Press on behalf of Yale University. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org, Oxford University Press.

Suggested Citation

  • Kathryn E. Spier, 2011. "Product Safety, Buybacks, and the Post-Sale Duty to Warn," Journal of Law, Economics, and Organization, Oxford University Press, vol. 27(3), pages 515-539.
  • Handle: RePEc:oup:jleorg:v:27:y::i:3:p:515-539
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jleo/ewp029
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to search for a different version of it.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Henry, Emeric & Ottaviani, Marco, 2017. "Research and the Approval Process: The Organization of Persuasion," CEPR Discussion Papers 11939, C.E.P.R. Discussion Papers.
    2. Chen, Yongmin & Li, Jianpei & Zhang, Jin, 2017. "Liability in Markets for Credence Goods," MPRA Paper 80206, University Library of Munich, Germany.
    3. Thomas J. Miceli & Kathleen Segerson & Suo Wang, 2013. "Products Liability When Consumers Vary in Their Susceptibility to Harm and May Misperceive Risk," Working papers 2013-15, University of Connecticut, Department of Economics.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jleorg:v:27:y::i:3:p:515-539. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum). General contact details of provider: https://academic.oup.com/jleo .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.