Showing 1 - 10 of 3,689
Persistent link: https://www.econbiz.de/10013359265
We focus in this paper on the effects of court errors on the optimal sharing of liability between firms and financiers, as an environmental policy instrument. Using a structural model of the interactions between firms, financial institutions, governments and courts we show, through numerical...
Persistent link: https://www.econbiz.de/10010270509
The German Environmental Liability Law (ELL) of 1991 has introduced far-reaching civil liability for environmental damages with the aim to increase firms? efforts to prevent accidents. Previous studies find poor evidence that this goal has actually been achieved. One and a half decades after the...
Persistent link: https://www.econbiz.de/10010293420
Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability cap can improve caretaking.
Persistent link: https://www.econbiz.de/10010325584
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10010333970
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011335362
The present system for reparation of very large oil accidents at sea neither gives incentives to take efficient care, nor allow for compensation of all damages. The reason is that the magnitudes of the accidents that we study are so big that the total assets of the injurer are not sufficient to...
Persistent link: https://www.econbiz.de/10013208400
The past few decades have seen a considerable increase in caesarean section rates, which have now reached unprecedented levels. Concerns have been raised about the possibility of medically unnecessary procedures having negative consequences for mothers and infants (WHO, 2015). The aim of this...
Persistent link: https://www.econbiz.de/10011562019
Die Kaiserschnittrate ist in den vergangenen Jahrzehnten stark gestiegen: Heute werden weltweit mehr Kinder per Kaiserschnitt entbunden als je zuvor. Zunehmend werden Bedenken laut, dass sich medizinisch unnötige Eingriffe negativ auf die Gesundheit von Müttern und Kindern auswirken könnten...
Persistent link: https://www.econbiz.de/10011562031
We compare the performance of liability rules for managing environmental disasters when third parties are harmed and cannot always be compensated. A firm can invest in safety to reduce the likelihood of accidents. The firm's investment is unobservable to authorities. Externality and asymmetric...
Persistent link: https://www.econbiz.de/10011580426