Abstract

http://ssrn.com/abstract=1712323
 


 



Private Product-Risk Assessment and the Role of Government


E. Donald Elliott


Yale Law School

Gail Charnley Elliott


affiliation not provided to SSRN

July 15, 2009

John Liner Review, Vol. 23, p. 72, Summer 2009

Abstract:     
Compares public risk assessment and private risk assessments conducted companies before placing new products on the market. Concludes companies are driven by a value of information approach and wish to avoid competitive disadvantage, not necessarily to minimize liability. Compares inventives for private and governmental risk assessments. Considers whether government should regulate pre-introduction due diligence for products by analogy to ASTM standards and EPA's "all appropriate inquiry" rule for pre-purchase due diligence of real property by creating safe harbors against punitive damages.

Number of Pages in PDF File: 11

Keywords: Product Liability, Due Diligence, Risk Assessment, Punitive Damages

JEL Classification: D81, K13, K20

Accepted Paper Series


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Date posted: November 20, 2010  

Suggested Citation

Elliott, E. Donald and Elliott, Gail Charnley, Private Product-Risk Assessment and the Role of Government (July 15, 2009). John Liner Review, Vol. 23, p. 72, Summer 2009. Available at SSRN: http://ssrn.com/abstract=1712323

Contact Information

E. Donald Elliott (Contact Author)
Yale Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
202 256-4149 (Phone)

Gail Charnley Elliott
affiliation not provided to SSRN ( email )
Feedback to SSRN


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