Are liability "crises" an inevitable part of the modern
industrial landscape? Does the inherent nature of the insurance
industry promote recurring liability crises? What have been the
effects of the liability reforms of the 1990s? Should lawyers be
given de facto regulatory authority? This report provides
perspective on these and other key issues concerning the law and
economics of products liability. The authors begins with a brief
description of the evolution of products liability doctrine in the
U.S., up to the point of the liability crisis of the late 1980s.
They discuss the economic implications of product risk for both
consumers and producers, offer economic hypothesis on the
implications of the increased scope of liability and subsequent
reforms, and provide an update of trends in litigation and
liability law. The book ends with a discussion of pending
legislation and prospects for further improvements. Moore and
Viscusi make the point that effective liability policy calls for a
balancing of the incentives for improved public safety on one hand,
and the benefits of new and existing products on the other.
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