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Product Liability

Journal Article

Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market

This article explains a surprising effect of tort liability in the market for prescription drugs: punitive damages shift liability from doctors to drug companies, but not when physician malpractice liability is limited."

Dec 11, 2020
Journal Article

Product Liability and Moral Hazard: Evidence from General Aviation

We estimate the impact of tort liability on a subset of consumers who have significant control over the probability of an accident: consumers of general aviation aircraft.

Dec 11, 2020
Blog

When Driverless Cars Were a Remote Idea

Researchers at RAND have been working on the technology behind driverless vehicles for over 50 years. From 1968 to the present, studies have involved remote-controlled drones, military land vehicles, autonomous submarines, and the safety and liability issues of self-driving cars.

Nov 1, 2019
Report

Emerging Trends in Compensation for Widespread Losses

These conference proceedings explore emerging trends in compensation for widespread loss events, including regulators' changing roles, the impact of liens, and claim aggregation.

Dec 4, 2017
Journal Article

Response to Inselbuch and Sackett's Critique of RAND Reports on Asbestos Trusts and Asbestos Litigation

RAND responds to a piece published in Mealey's Asbestos Bankruptcy Report that was critical of three RAND studies on asbestos litigation and bankruptcy trusts.

Mar 9, 2016
Research Brief

Bankruptcy Trusts Complicate the Outcomes of Asbestos Lawsuits

Interrogatories and depositions in a tort case against a bankrupt firm are less likely to reveal exposure to asbestos in the firm's product than if the case had occurred before the firm filed bankruptcy.

May 21, 2015
Report

Bankruptcy's Effect on Product Identification in Asbestos Personal Injury Cases

One of the most significant developments in asbestos litigation in the past 15 years is the rising rate of bankruptcy among asbestos defendants. Bankruptcy reduces the likelihood that exposures to the firm's asbestos-containing products will be identified in interrogatories and depositions.

May 21, 2015
Report

Economic Effects of Product Liability and Other Litigation Involving the Safety and Effectiveness of Pharmaceuticals

Opponents of product liability claim that liability reduces product availability, increases prices, and discourages innovation. Supporters claim that liability uncovers information about drug hazards and deters socially undesirable corporate behavior.

Feb 19, 2013
News Release

RAND Corporation, Risk Management Solutions Launch New Company to Develop Liability Insurance Tools

The RAND Corporation, Risk Management Solutions, Inc. (RMS) and private investors have launched a company named Praedicat, Inc., that will provide consulting services and software to the property and casualty insurance industries.

Mar 14, 2012
Content

RAND Institute for Civil Justice

The RAND Institute for Civil Justice (ICJ), a part of the Justice Policy program, conducts research on all aspects of civil justice, from trends in litigation and jury verdicts to punitive damages, compensation systems, and alternative dispute resolution. Directly or indirectly, civil justice issues have an impact on us all.

Oct 3, 2011
News Release

Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined

Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.

Aug 18, 2011
Research Brief

Bankruptcy Trusts, Asbestos Compensation, and the Courts

People with asbestos injuries are increasingly receiving compensation from trusts set up by bankrupt asbestos defendants. This brief documents how courts handling these cases consider trust payments when determining compensation.

Aug 18, 2011
Report

Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined

Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.

Aug 18, 2011
Report

Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts

While legislative and judicial reforms have made it increasingly difficult to obtain compensation for nonmalignant diseases in the tort system, the trust system remains a source of compensation for such injuries. This report describes the creation, organization, and operation of asbestos personal-injury trusts and compiles publicly available information on the assets, outlays, and governing boards of the 26 largest ones.

Jul 26, 2010
Journal Article

The Effects of Product Liability Exemption in the Presence of the FDA

n the United States, drugs are jointly regulated by the US Food and Drug Administration, which oversees premarket clinical trials designed to ensure drug safety and efficacy, and the liability system, which allows patients to sue manufacturers for unsafe drugs. In this paper, the authors examine the potential welfare effects of this dual system to ensure the safety of medical products, and conclude that product liability exemptions for FDA regulated activities could raise economic efficiency.

Nov 30, 2009
Research Brief

Asbestos Litigation Costs, Compensation, and Alternatives

This research brief describes work documented in Asbestos Litigation (MG-162-ICJ).

Nov 25, 2005
Report

Asbestos-Related Claims Exceed 730,000, Cost More than $70 Billion

Claims for asbestos injuries have risen sharply since the 1990s and total more than 730,000 through 2002. At least 8,400 defendants have paid more than $70 billion on the litigation, 42 percent of which has gone to claimants.

May 9, 2005
Report

Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman

In this paper, reprinted from Cardozo Law Review, the author responds to Professor Brickman's analysis of the asbestos litigation problem, as well as to his proposal for a national administrative solution to the problem.

Dec 31, 2003
Report

Framing the Compensation Inquiry

Framing the Compensation Inquiry

Dec 31, 2003
Journal Article

Medical Monitoring for Pharmaceutical Injuries

The authors addressed research questions regarding the efficacy of herbal ephedra and ephedrine for weight loss and athletic performance.

Dec 31, 2002

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