LEGAL LIABILITY ON ADMINISTRATIVE TORT: RECENT REGULATION PERSPECTIVE

Tort Liability for Software Developers: a Law & Economics Perspective

This article explores the economic rationale for applying product liability law to computer software. As demonstrated below, a well-designed liability regime must place liability upon all parties who economically control the risks of accidents. Accordingly, this article finds that strict liability may be appropriate for certain types of “intrinsic” software, but not for other types of software ...

The Tort Liability of the State in the Portuguese Administrative Courts

The Portuguese Constitution, in article 22, instituted the general principle of tort liability of the State and other public law entities. Consequently, ordinary legislation established the tort liability of the State into the Portuguese Legal Order, by means of Decree-Law 48051, of 1967. This decree, which was criticised extensively, was amended by virtue of Law 67/2007, of 31 December, establ...

Who Pays for Tort Liability Claims? An Economic Analysis of the U.S. Tort Liability System

Limiting Tort Liability for Medical Malpractice

The past few years have seen a sharp increase in premiums for medical malpractice liability insurance, which health care professionals buy to protect themselves from the costs of being sued (see Figure 1 on page 2). On average, premiums for all physicians nationwide rose by 15 percent between 2000 and 2002—nearly twice as fast as total health care spending per person. The increases during that ...

Tort Liability Litigation Costs for Commercial Claims

This article analyzes tort liability litigation costs using the Texas Department of Insurance Commercial Liability Insurance Closed Claim database for the years 1988–2004. Insurer costs to defend claims in which a suit was filed average $35,000 per claim in 2004$, which corresponds to a share of 0.18 of total expenditures. Claims with higher stakes and complexity lead to greater reliance on out...