University of Notre Dame Law School
This paper presents a largely positive analysis of products liability law, in the sense that it aims to predict the incentive effects and the welfare consequences of the law, with close regard to its specific legal tests and the real-world constraints that impinge on these tests. The other major part of this paper is a normative assessment of the parts of products liability law that should be reformed. In contrast with the prevailing law and economics literature suggesting that products liability law reduces social welfare, I argue that the law probably improves social welfare, though it is in need of reform in several respects.
Keith N. Hylton,
The Law and Economics of Products Liability
Notre Dame Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/392
Working paper available on SSRN