John Liner Review, Vol. 23, p. 72, Summer 2009
11 Pages Posted: 20 Nov 2010
Date Written: July 15, 2009
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.
Keywords: Product Liability, Due Diligence, Risk Assessment, Punitive Damages
JEL Classification: D81, K13, K20
Suggested Citation: 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: https://ssrn.com/abstract=1712323