Tort and Accident Law
Introductory
Negligence Rule
A liability rule under which an injurer is liable only if the injurer failed to take legally required or reasonable care.
Why It Matters
Negligence rules create incentives to meet the legal standard of care while raising questions about courts' ability to measure risk, precaution costs, and causal responsibility.
Selected Literature
A short list of directly relevant archive entries.
1961
Intermediate
1970
Advanced
2004
Advanced
2016
Advanced
Related Cases
1928
Foundations of Law and Economics
Palsgraf v. Long Island Railroad Co.
248 N.Y. 339, 162 N.E. 99 (1928)
Duty, foreseeability, and the legal boundary placed on liability for an extended chain of accidental harm.
1947
Foundations of Law and Economics
United States v. Carroll Towing Co.
159 F.2d 169 (2d Cir. 1947)
Negligence, precaution costs, accident probability, and expected loss.