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Economic Analysis of Products Liability: Theory

Author

Listed:
  • Andrew F. Daughety

    (Department of Economics, Vanderbilt University)

  • Jennifer F. Reinganum

    (Department of Economics, Vanderbilt University)

Abstract

This chapter provides a survey of much of the recent theoretical analysis of products liability. We start by describing an idealized model and providing the specific economic assumptions which underpin it. Later sections examine the effects of relaxing these assumptions, which has been the focus of much of the theoretical work over the last few decades. These modifications include: informational differences between producers and consumers that arise over the life of a product; incorporation of endogenously-determined costs, such as those that arise from investment in care; and evaluating contractual versus mandatory liability.

Suggested Citation

  • Andrew F. Daughety & Jennifer F. Reinganum, 2011. "Economic Analysis of Products Liability: Theory," Vanderbilt University Department of Economics Working Papers 1107, Vanderbilt University Department of Economics.
  • Handle: RePEc:van:wpaper:1107
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    References listed on IDEAS

    as
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    4. Andrew F. Daughety & Jennifer F. Reinganum, 2008. "Communicating quality: a unified model of disclosure and signalling," RAND Journal of Economics, RAND Corporation, vol. 39(4), pages 973-989, December.
    5. Bruce Hay & Kathryn E. Spier, 2005. "Manufacturer Liability for Harms Caused by Consumers to Others," American Economic Review, American Economic Association, vol. 95(5), pages 1700-1711, December.
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    Cited by:

    1. Baumann, Florian, 2015. "Freier Warenverkehr und unverfälschter Wettbewerb in der Europäischen Union: Der Beitrag der europäischen Produkthaftung," DICE Ordnungspolitische Perspektiven 75, Heinrich Heine University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    2. Miceli Thomas J. & Segerson Kathleen, 2013. "Liability versus Regulation for Dangerous Products When Consumers Vary in Their Susceptibility to Harm and May Misperceive Risk," Review of Law & Economics, De Gruyter, vol. 9(3), pages 341-355, December.
    3. Tsvetanov, Tsvetan & Miceli, Thomas J. & Segerson, Kathleen, 2021. "Products liability with temptation bias," Journal of Economic Behavior & Organization, Elsevier, vol. 186(C), pages 76-93.
    4. Yassine Lefouili & Leonardo Madio, 2022. "The economics of platform liability," European Journal of Law and Economics, Springer, vol. 53(3), pages 319-351, June.
    5. Gérard Mondello & Evens Salies, 2018. "The unilateral accidenct model under a constrained Cournot-Nash duopoly," Sciences Po publications 14, Sciences Po.
    6. Tim Friehe & Eric Langlais & Elisabeth Schulte, 2019. "Product liability when cumulative harm is incurred by both consumers and third parties," Working Papers hal-04141859, HAL.
    7. Andrea Castellano & Fernando Tohmé & Omar O. Chisari, 2020. "Product liability under ambiguity," European Journal of Law and Economics, Springer, vol. 49(3), pages 473-487, June.
    8. Emeric Henry & Marco Loseto & Marco Ottaviani, 2022. "Regulation with Experimentation: Ex Ante Approval, Ex Post Withdrawal, and Liability," Management Science, INFORMS, vol. 68(7), pages 5330-5347, July.
    9. Brennan, Timothy J., 2015. "Holding distribution utilities liable for outage costs," Energy Economics, Elsevier, vol. 48(C), pages 89-96.
    10. Gérard Mondello & Evens Salies, 2016. "Tort law under oligopolistic competition," Sciences Po publications 2016-29, Sciences Po.
    11. Florian Baumann & Tim Friehe & Alexander Rasch, 2015. "The Influence of Product Liability on Vertical Product Differentiation," CESifo Working Paper Series 5315, CESifo.
    12. Baumann, Florian & Friehe, Tim & Rasch, Alexander, 2016. "Why product liability may lower product safety," Economics Letters, Elsevier, vol. 147(C), pages 55-58.
    13. Arbatskaya, Maria & Aslam, Maria Vyshnya, 2018. "Liability or labeling? Regulating product risks with costly consumer attention," Journal of Economic Behavior & Organization, Elsevier, vol. 154(C), pages 238-252.
    14. Lam, Wing Man Wynne, 2016. "Attack-prevention and damage-control investments in cybersecurity," Information Economics and Policy, Elsevier, vol. 37(C), pages 42-51.
    15. repec:hal:spmain:info:hdl:2441/1jki13i7298a9knanhskpugh3 is not listed on IDEAS
    16. repec:hal:spmain:info:hdl:2441/5a1unjmoh881mrfbrlqhebkbba is not listed on IDEAS
    17. Christoph Rössler & Tim Friehe, 2020. "Liability, morality, and image concerns in product accidents with third parties," European Journal of Law and Economics, Springer, vol. 50(2), pages 295-312, October.
    18. Tim Friehe & Eric Langlais & Elisabeth Schulte, 2022. "Firm Liability When Third Parties and Consumers Incur Cumulative Harm," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 81(1), pages 53-71, January.
    19. Florian Baumann & Klaus Heine, 2013. "Innovation, Tort Law, and Competition," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 169(4), pages 703-719, December.
    20. Thomas J. Miceli & Rebecca Rabon & Kathleen Segerson, 2012. "Liability versus Regulation for Controlling Product-Related Risks," Working papers 2012-17, University of Connecticut, Department of Economics.
    21. Tim Friehe & Cat Lam Pham & Thomas J. Miceli, 2022. "Product Liability and Strategic Delegation: Endogenous Manager Incentives Promote Strict Liability," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 61(2), pages 149-169, September.

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    More about this item

    Keywords

    Products Liability; Safety; Contractural Liability; Strict Liability;
    All these keywords.

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • L15 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Information and Product Quality
    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design

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