TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, December 3, 2013

Hylton, Lin, & Chu on Negligence and Two-Sided Causation

Keith Hylton (Boston University), Haizhen Lin (Indiana University), and Hyo-Youn Chu (Kyung Hee University) have posted to SSRN Negligence and Two-Sided Causation.  The abstract provides:

We extend the economic analysis of negligence and intervening causation to “two-sided causation” scenarios.  In the two-sided causation scenario the effectiveness of the injurer’s care depends on some intervention, and the risk of harm generated by the injurer’s failure to take care depends on some other intervention.  We find that the distortion from socially optimal care is more severe in the two-sided causation scenario than in the one-sided causation scenario, and generally in the direction of excessive care.  The practical lesson is that the likelihood that injurers will have optimal care incentives under the negligence test in the presence of intervening causal factors is low.


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