Multiple Causes and Stacked Inferences

176 J. of Institutional and Theoretical Economics 54 (2020)

U of Alabama Legal Studies Research Paper No. 3659591

2 Pages Posted: 29 Jul 2020

See all articles by Shahar Dillbary

Shahar Dillbary

University of Alabama School of Law

Date Written: July 23, 2020

Abstract

When the accident is a mystery — when it is not clear what happened — courts often rely on stacked inferences. Such inferences are subject to much debate and are even prohibited by some jurisdictions. This Article reveals that the doctrine of res ipsa loquitur (“the thing speaks for itself”) is a form of stacked inferences and that despite its affiliation, it has been widely accepted. The Article further shows that application of res ipsa loquitur in cases involving multiple actors can adversely affect precaution and activity levels. It concludes with a call for a careful application of res ipsa loquitur in cases involving multiple actors.

Keywords: stacked inferences, false positives, deterrence, collusion, indemnity, game theory, medical malpractice

Suggested Citation

Dillbary, Shahar John, Multiple Causes and Stacked Inferences (July 23, 2020). 176 J. of Institutional and Theoretical Economics 54 (2020), U of Alabama Legal Studies Research Paper No. 3659591, Available at SSRN: https://ssrn.com/abstract=3659591

Shahar John Dillbary (Contact Author)

University of Alabama School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

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