Innovative Negligence Rules

32 Pages Posted: 2 Mar 2013 Last revised: 5 May 2013

See all articles by Giuseppe Dari‐Mattiacci

Giuseppe Dari‐Mattiacci

University of Amsterdam; Tinbergen Institute

Luigi A. Franzoni

University of Bologna

Date Written: February 20, 2013


We study how due-care standards can be conditioned on the technology adopted by the parties. We demonstrate that standards should be biased up or downwards, depending on the impact of the new technology on expected harm. Strict liability should be applied if new technologies that are able to reduce expected harm are available to the injurer; negligence should be selected if they are available to the victim. Finally, the negligence standard should be primarily based on safety (outcome) rather than precautionary expenditures (effort), so as to allow the benefits of innovation to be appropriated by the party bearing its cost.

Keywords: technology, activity level, care, accident, liability

JEL Classification: K13, K32

Suggested Citation

Dari-Mattiacci, Giuseppe and Franzoni, Luigi Alberto, Innovative Negligence Rules (February 20, 2013). Amsterdam Law School Research Paper No. 2013-14, Amsterdam Center for Law & Economics Working Paper No. 2013-04, Available at SSRN: or

Giuseppe Dari-Mattiacci (Contact Author)

University of Amsterdam ( email )

Postbus 15654
1001 ND
Amsterdam, Noord-Holland 1001 ND

Tinbergen Institute ( email )

Burg. Oudlaan 50
Rotterdam, 3062 PA

Luigi Alberto Franzoni

University of Bologna ( email )

P.zza Scaravilli 2
Bologna, 40124
0512098488 (Phone)
+39-051-221968 (Fax)


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