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Accidental Death and the Rule of Joint and Several Liability

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  • Daniel Carvell
  • Janet Currie
  • W. Bentley MacLeod

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.

Suggested Citation

  • Daniel Carvell & Janet Currie & W. Bentley MacLeod, 2009. "Accidental Death and the Rule of Joint and Several Liability," NBER Working Papers 15412, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:15412
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    Cited by:

    1. Elliott Ash & W. Bentley MacLeod, 2015. "Intrinsic Motivation in Public Service: Theory and Evidence from State Supreme Courts," Journal of Law and Economics, University of Chicago Press, vol. 58(4).
    2. Griffin Edwards, 2014. "Doing Their Duty: An Empirical Analysis of the Unintended Effect of Tarasoff v. Regents on Homicidal Activity," Journal of Law and Economics, University of Chicago Press, vol. 57(2), pages 321-348.
    3. Matter, Ulrich & Stutzer, Alois, 2015. "Politico-economic determinants of tort reforms in medical malpractice," Working papers 2015/02, Faculty of Business and Economics - University of Basel.
    4. Gomez, Fernando & Penalva, Jose, 2015. "Tort reform and the theory of coordinating tort and insurance," International Review of Law and Economics, Elsevier, vol. 43(C), pages 83-97.
    5. Zabinski, Zenon & Black, Bernard S., 2022. "The deterrent effect of tort law: Evidence from medical malpractice reform," Journal of Health Economics, Elsevier, vol. 84(C).
    6. Lando, Henrik & Schweizer, Urs, 2021. "Causation and the incentives of multiple injurers," International Review of Law and Economics, Elsevier, vol. 68(C).
    7. Paul Heaton, 2017. "How Does Tort Law Affect Consumer Auto Insurance Costs?," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 84(2), pages 691-715, June.
    8. Matter, Ulrich & Stutzer, Alois, 2016. "The role of party politics in medical malpractice tort reforms," European Journal of Political Economy, Elsevier, vol. 42(C), pages 17-35.
    9. Mark S. Tremblay & Casey Gray & Shawna Babcock & Joel Barnes & Christa Costas Bradstreet & Dawn Carr & Guylaine Chabot & Louise Choquette & David Chorney & Cam Collyer & Susan Herrington & Katherine J, 2015. "Position Statement on Active Outdoor Play," IJERPH, MDPI, vol. 12(6), pages 1-31, June.
    10. Antoci, Angelo & Fiori Maccioni, Alessandro & Russu, Paolo & Sacco, Pier Luigi, 2022. "Curing is caring? Liability reforms, defensive medicine and malpractice litigation in a post-pandemic world," Socio-Economic Planning Sciences, Elsevier, vol. 80(C).

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    More about this item

    JEL classification:

    • I1 - Health, Education, and Welfare - - Health
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics

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