The Reasonable Person Negligence Standard and Liability Insurance
研究发现,在理性人过失规则下,潜在加害人的异质性足以产生对责任保险的需求;低事故概率或高谨慎成本者可能选择过失并购买保险,且保险的可获得性对社会是有益的。
Abstract We show that, under the reasonable person negligence rule, heterogeneity of potential injurers can be sufficient to create a demand for liability insurance. Potential injurers with a low probability of accidents or a high cost of exercising care have optimal levels of care that are below the negligence standard. For these groups, it may be less costly to be negligent and purchase insurance than to comply with the negligence standard. We show that the availability of insurance is socially desirable.