Exploring the domain of accident law

Donald N. Dewees, Don DeWees, David Duff, Michael Trebilcock

Exploring the Domain of Accident Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents - automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries - the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any...

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