Technology and torts: Memory costs, nondurable precautions and interference effects

Jef De Mot and Ben Depoorter

International Review of Law and Economics, 2011, vol. 31, issue 4, 284-290

Abstract: This article examines the influence of nondurable precaution technologies on the expansion of tort awards. We provide four contributions to the literature. First, we present a general, formal model on durable and non-durable precaution technology that focuses on memory costs. Second, because liability exposure creates interference, we argue that tort law perpetuates the expansion of awards. Third, because plaintiffs do not consider the social costs of interference effects, private litigation induces socially excessive suits. Fourth, while new harm-reducing technologies likely increase accident rates, such technologies also raise the ratio of trial costs to harm, leaving undetermined the overall effect of new technologies on the rate of litigation.

Keywords: Tort law; Tort award; Nondurable precautions; Technology (search for similar items in EconPapers)
JEL-codes: D72 F02 K34 (search for similar items in EconPapers)
Date: 2011
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Citations: View citations in EconPapers (1)

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Persistent link: https://EconPapers.repec.org/RePEc:eee:irlaec:v:31:y:2011:i:4:p:284-290

DOI: 10.1016/j.irle.2011.07.005

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