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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
Essay

Who's Responsible When Your Car Gets Hacked?

Cars are becoming "fast, heavy artificial intelligences on wheels," a RAND report cautions, and that means they're becoming vulnerable. Potentially billions of dollars ride on the question of who has the legal responsibility to keep hackers from grabbing the wheel or cutting the brakes.

Oct 23, 2019
Research Brief

When an Autonomous Vehicle Is Hacked, Who Is Liable?

Hacks on autonomous vehicles could lead to deaths, property destruction, ransomware attacks, or data theft. Several scenarios illustrate the policy challenges facing the civil legal system, insurers, and others.

Jul 12, 2019
Report

When Autonomous Vehicles Are Hacked, Who Is Liable?

The arrival of autonomous vehicles (AVs) on the roads will require policymakers, industry, and the public to adapt to the risk of hackers attacking these vehicles. RAND researchers explored the civil liability issues related to hacked AVs.

Jul 12, 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
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
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
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
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.

Dec 1, 2009
Report

Framing the Compensation Inquiry

Framing the Compensation Inquiry

Jan 1, 2004
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.

Jan 1, 2003
Report

Newspaper Coverage of Automotive Product Liability Verdicts

For product liability verdicts during 1983 to 1996 involving automobile manufacturers, the authors examine the amount of coverage in several dozen newspapers.

Jan 1, 1999
Report

Product and Stock Market Response to Automotive Product Liability Verdicts

In this paper, the authors attempt to develop information about a narrow but important piece of a very complex puzzle -- the sketchy economic effects of product liability.

Jan 1, 1999
Report

Product Liability, Punitive Damages, Business Decisions and Economic Outcomes

This article aims to help readers think systematically about the economic effects of product liability and punitive damages.

Jan 1, 1998
Report

The real world of tort litigation

The real world of tort litigation

Jan 1, 1998
Report

Estimating Liability Risks with the Media as Your Guide: A Content Analysis of Media Coverage of Tort Litigation

A content analysis of 249 articles from Time, Newsweek, Fortune, Forbes, and Business Week during 1980-1990 examined the representativeness of popular media coverage of tort litigation.

Jan 1, 1997
Research Brief

Can Reform Improve the Economic Effects of Product Liability? Evidence From the Pharmaceutical and Medical Device Industries

This research brief summarizes the economic effects of product liability in the drug and medical device industries, how the system produces those effects, and what kinds of reforms could increase the system's benefits while reducing its costs.

Jan 1, 1994

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