Comparative Negligence and Automobile Liability Insurance
نویسندگان
چکیده
منابع مشابه
What Negligence Theory Needs to Learn from Automobile Insurance: “Fault is Predictively Irrelevant” (and Why)
It was established beyond the shadow of a doubt [in the early 1960s] that the individual who is involved in automobile accidents, regardless of whether he appears to cause them or not, is much more likely to have accidents in the future than is the person who is accident free. These studies embraced probably well over 1 million cases in the aggregate. Note that I have just referred to accidents...
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Physicians typically carry virtually complete malpractice insurance coverage. This contradicts standard theoretical predictions that under a negligence rule of liability there should be no demand for insurance, and insurance policies under moral hazard will contain co-payment provisions. It is argued that judicial 'errors' in defining negligence generate a demand for liability and legal defense...
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The law of products liability in tort is designed to maintain a reasonable balance between the inevitable social costs and the benefits of innovative product technologies. Technological development must be supported not only for the best interests of the public but also the side effect namely product defect into one of the following: (1) manufacturing defect; failures to correctly implement saf...
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In January of 1979, a railroad tank car containing the chemical acrylonitrile started leaking at a rail yard in south suburban Chicago. The chemical was manufactured by American Cyanamid Co (Cyanamid) in Louisiana. Cyanamid had leased the tank car, filled it with acrylonitrile, and delivered it to the Missouri Pacific Railroad for transport to the Chicago suburbs. The leak occurred while the ca...
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This paper investigates the incentive effects of automobile insurance, compulsory insurance laws, and no-fault liability laws on driver behavior and traffic fatalities. We analyze a panel of 50 U.S. states and the District of Columbia for 1970–98, a period in which many states adopted compulsory insurance regulations and/or nofault laws. Using an instrumental variables approach, we find evidenc...
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ژورنال
عنوان ژورنال: Michigan Law Review
سال: 1960
ISSN: 0026-2234
DOI: 10.2307/1285823