The Anti-Innovation Bias of Tort Law
Yeshiva University - Benjamin N. Cardozo School of Law
University of Pennsylvania Law School; Bar Ilan University - Faculty of Law
Cardozo Legal Studies Research Paper No. 209
This Essay identifies an anti-innovation bias in the law of torts. Tort law's reliance on custom in ascribing liability for negligence, medical malpractice and defective products taxes innovators and subsidizes replicators of conventional technologies. The Essay analyzes the causes and consequences of this bias and proposes two alternative ways to remedy it.
Number of Pages in PDF File: 41
Keywords: torts, medical malpractice, product liability, innovation, evidence, economic analysis
Date posted: November 20, 2007 ; Last revised: September 28, 2011
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