Legal changes meant to reduce litigation have not reduced product accident rates.

Evidence

Proponents believe that changes in product liability law and in levels of litigation would prompt producers to devote greater attention to product safety, leading to fewer accidents. The very limited research available, however, has found no relationship between these legal changes and accident rates.°* Even acknowledging that factors such as technological change and consumer demands may affect accident rates, there is no concrete evidence vindicating the hopes of Responses to the Product Liability “Crisis” Concerns about a crisis in product liability, whether warranted or not, have prompted legal changes designed to ease the burden on defendants. — G. Alan Tarr, Judicial Process and Judicial…, 3527

Categorization

  • DEEPTHINKING: Challenges the deterrence assumption underlying tort reform: removing liability exposure has not made products safer.
  • QUESTION: What research design could isolate tort law’s effect on accident rates from technology and consumer demand?