Table of Contents

The Economics of U.S. Tort Liability: A Primer

October 2003

Contents

• Summary
• Introduction
• An Overview of the U.S. Tort System
  • The Expansion of Tort Liability in the United States
  • Characteristics of the Tort System Today
• Tort Liability as a Tool for Achieving Efficiency and Equity
  • The Complexity of the Policy Problem
  • Liability Rules in Principle
  • Liability Rules in Practice
  • Should Tort Rules Be Set at the Federal or State Level?
  • Tort Liability Versus Insurance and Regulation
• The Costs of the Tort System
  • Defining the Costs of Tort Liability
  • Evidence About the Costs of the Tort System
  • Are Tort Costs Excessive?
• An Overview of Policy Options for Changing the Tort System
  • Options for Reducing the Scope of Tort Liability
  • Options for Reforming the Tort System as a Whole
  • Options for Reforming Certain Types of Torts