Abstract

http://ssrn.com/abstract=314762
 


 



Should Government Be Allowed to Recover the Costs of Public Services from Tortfeasors?: Tort Subsidies, the Limits of Cost Spreading, and the Free Public Services Doctrine


Timothy D. Lytton


Albany Law School


Tulane Law Review, Vol. 76, No. 3, pp. 727-781, 2002

Abstract:     
The free public services doctrine (also known as the municipal cost recovery rule) states that a government entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor's wrongdoing. This article traces the history of the doctrine and argues for its elimination. The article criticizes case law supporting the doctrine and raises objections based on fairness, efficiency, and institutional concerns about the proper limits of judicial policy making. The article discusses the implications of eliminating the doctrine for tobacco litigation, gun litigation, and tort reform.

Number of Pages in PDF File: 56

Keywords: cost-recoupment litigation, free public services doctrine, tobacco litigation, gun litigation, tax subsidies, tort reform

JEL Classification: K00, K13, K23, K41, K32, E62, H23, H41, H51, H71, I11

Accepted Paper Series


Download This Paper

Date posted: July 10, 2002 ; Last revised: December 26, 2013

Suggested Citation

Lytton, Timothy D., Should Government Be Allowed to Recover the Costs of Public Services from Tortfeasors?: Tort Subsidies, the Limits of Cost Spreading, and the Free Public Services Doctrine. Tulane Law Review, Vol. 76, No. 3, pp. 727-781, 2002. Available at SSRN: http://ssrn.com/abstract=314762

Contact Information

Timothy D. Lytton (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States
518-445-2397 (Phone)

Feedback to SSRN


Paper statistics
Abstract Views: 820
Downloads: 5

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.312 seconds