Here we set out the European product liability regime as it applies to medical devices and examine key cases that indicate how the legislation is likely to be interpreted. Despite the fact that the strict liability regime has been in existence for many years, numerous issues have yet to be resolved and there continues to be a lack of harmonisation between the EU member states. We highlight a nu...

This paper analyzes the output, abatement, and investment decisions made by a monopolistic polluter under environmental liability law. The model applied considers both integrated and end-of-pipe abatement technologies. We find that in the case of fixed technology, in many instances negligence produces more favorable results than strict liability in terms of social welfare. The reason is that ou...

Businesses and pro-business interest groups have often claimed that the litigation environment in the states influences their decisions about where and how to do business. However, very little empirical evidence exists to suggest that these claims are anything more than anecdotal. This study attempts to fill that void. I employ a triple-differences identification strategy in which businesses in...

In addition to penalties imposed for breaches of statutory duties in the event of workplace accidents involving physical harms, New Zealand’s Health and Safety in Employment Act 1992 also provides for penalties where accidents have not occurred. Ordinary negligence rules are ex post in that both an accident and harm must occur before liability accrues, whereas ex ante liability rules create lia...

Analyzing the correlation between banks’ assets and liabilities after the financial crisis has been focused by many countries. As the banks in Iran have proved to be the biggest financer required for the production sector, investigating the asset and liability portfolio and their correlation appears to be very important. In this paper, there has been an attempt to patronize the Iranian banking ...

“Enterprise medical liability” is a term used to describe a system in which health care organizations bear responsibility for medical malpractice in addition to or instead of individual health professionals. Enterprise liability is in many senses a natural outgrowth of the increasing dependence of medical practice on institutional resources and expertise.2 Proposals for enterprise liability sur...

It is consensually accepted that the liability for developing a substance abuse disorder is not the same for all individuals in the population. Only marginal progress has been made, however, in determining the factors responsible for the variation in the liability to drug abuse, encompassing interacting biological, behavioral, and environmental processes. Since variation in the liability has a ...

* The financial support of NSF grants SES91-12914 and SES92-23087 is gratefully acknowledged. ABSTRACT This paper develops a two-stage model of product design and safety signaling incorporating a parametric liability specification in a monopoly context. In the first stage, the firm engages in research and development in order to determine the safety of its product. We model the research and dev...

The essential rationale for imposing the doctrine of strict liability in tort is that such imposition affords the consuming public the maximum protection from dangerous defects in manufactured products by requiring the manufacturer to bear the burden of injuries and losses enhanced by such defects in its products! In Brandenburger v. 2 the Montana Supreme Court adopted the doctrine of strict li...