The reasonable person standard: a new perspective on the incentive effects of a tailored negligence standard

Tailoring Negligence Standards to Accident Records

“…ies analyzing the implications of individual heterogeneities in negligence law. 3 This literature argues that when the social planner cannot observe individual heterogeneities, the optimal solution is to set an averaged, static due level of care (for example, Ganuza and Gomez 2005;Miceli 2006;Bajtelsmit and Thistle 2009;Endres and Friehe 2014;Korsmo 2016). 4 The relevance and timely nature of the present paper is underscored by the fact that the discussion on personalizing due levels of care in the legal literature has been revived by Ben-Shahar and Porat (2016), in which past information about similar behavior is discussed as a proxy for potential injurers' abilities and tendencies with respect to risk creation and precaution taking.…”

Game Theory and Environmental and Resource Economics–In Honour of Alfred Endres

“…This work opened up the intellectual space for a completely new area of research. In the recent literature, this approach was followed by contributions like Jacob (2015) and Korsmo (2015), generalizing and extending the initial contributions by Endres. Even though in Endres' work on dynamic incentives there is an emphasis on environmental liability law, other environmental policy instruments, like effluent charges and transferable discharge permits, are also considered (Endres and Rundshagen 2010).…”