RAND Research Topic: Product Liability

Product Liability and Moral Hazard

2020-12-11T06:15:00Z

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.

Unintended Consequences of Products Liability

2020-12-11T05:45:00Z

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."

When an Autonomous Vehicle Is Hacked, Who Is Liable?

2019-07-12T06:00:00Z

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.

Emerging Trends in Compensation for Widespread Losses

2017-12-04T05:00:00Z

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

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

2016-03-09T12:30:00Z

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.

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

2015-05-21T09:00:00Z

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.

Bankruptcy Trusts Complicate the Outcomes of Asbestos Lawsuits

2015-05-21T05:30:00Z

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.

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

2013-02-19T08:48:00Z

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.

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

2012-03-14T07:58:00Z

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.

RAND Institute for Civil Justice

2011-10-03T18:30:00Z

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.

Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined

2011-08-18T06:01:00Z

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.

Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined

2011-08-18T06:00:00Z

Bankruptcy Trusts, Asbestos Compensation, and the Courts

2011-08-18T06:00:00Z

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.

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

2010-07-29T21:00:00Z

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.

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

2009-11-30T21:00:00Z

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.

Asbestos Litigation Costs, Compensation, and Alternatives

2005-11-25T07:11:00Z

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

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

2005-05-10T00:00:00Z

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.

Fashioning a National Resolution of Asbestos Personal Injury Litigation

2003-12-31T21:00:00Z

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.

Framing the Compensation Inquiry

2003-12-31T21:00:00Z

Framing the Compensation Inquiry

Medical Monitoring for Pharmaceutical Injuries

2002-12-31T21:00:00Z

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