When many parties are causally near an accident, liability law today encourages suing the deep pockets nearby, inducing too much care by deep pockets, & too little by others. Requiring all to have tort liability insurance can solve this. But law&econ my students hate this idea.
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Replying to @robinhanson
Robin, I’ve been litigating catastrophic tort cases since the 1980s. Would you mind identifying who/what in liability law is “encouraging” this?
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Replying to @eddiedavidson
I just mean to refer to the fact that most people won't actually pay much even if the court declares that they should. Other parties take that into account when deciding who to sue.
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Replying to @robinhanson
Thanks for clarifying. In practice, it’s much more nuanced than that. There are all sorts of possible limiting rules and doctrines, ie, comparative fault, contributory negligence, joint and several liability, et. al. The “sue everyone in sight” makes for popular narrative, but...
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I wasn’t claiming to describe all related nuances in one tweet. Do you often encounter tweets that do?
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