Nuno Garoupa, Adrián Segura

Are you Injurer or Victim? Liability for Accidents under Role-Type Uncertainty

Volume 177 () / Issue 4, pp. 391-403 (13)
Published 17.08.2021

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We show that when parties are uncertain about their nature (injurer or victim) in accidents, conventional results in the bilateral accident model need to be reassessed. Legal policy implications are derived. Specifically, the efficient liability rule inevitably begs for a form of negligence that internalizes uncertainty concerning the parties (injurer or victim) and their subjective perceptions.

Nuno Garoupa No current data available.

Adrián Segura No current data available.