Liability of Private Businesses and Industries for Earthquake Hazards and Losses: Background Research Reports

摘要

This report discusses how rules of civil liability for accidents may affect the behavior of people who are in a position to prevent accidents. The two major liability rules, negligence liability and strict liability, are described as they apply to conduct in the private sector. Intentional torts and communication torts are discussed, and two purposes of liability laws are reviewed: (1) to provide a fair and just result for private disputes, and (2) to encourage safety in an intelligent manner. Ways that negligence liability may encourage safety are explored, and points that might call into questions the safety rationale for negligence liability are identified. Some of these suggest that negligence liability is unnecessary for achieving safety, since parties may refrain from negligent conduct for reasons independent of the negligence liability rule. Other points suggest that negligence liability may be insufficient or unsuccessful in discouraging negligent conduct. The problem of negligence liability and earthquakes is considered.