Authors

W. Kip Viscusi

Document Type

Article

Publication Title

The Georgetown Law Journal

Publication Date

1998

ISSN

0016-8092

Page Number

381

Keywords

exemplary damages, environmental law, products liability

Disciplines

Law | Legal Remedies

Abstract

This paper is a response to the comments by David Luban and Theodore Eisenberg on my article on punitive damages to be published in the Georgetown Law Journal (1998) and entitled "The Social Costs of Punitive Damages against Corporations in Environmental and Safety Tort." Neither of these authors presents any evidence indicating that there is a determent effect of punitive damages. They suggest, however, that there could be retribution objectives or other rationales for punitive damages. In addition, they claim that punitive damages are predictable and that cognitive biases may not tilt juries against corporations. This paper reviews these diverse arguments on behalf of punitive damages and concludes that they are without foundation. Indeed, the evidence on the predictability of punitive damages suggests that there is no evidence in the literature that would enable firms to distinguish the different expected punitive damages costs associated with alternative safety choices. This paper also includes sensitivity tests to ascertain whether classifying Louisiana as a no-punitive damages state alters the assessment of the deterrent effects. It does not.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.