Have United States Legislatures Fully Considered Causal Factors in Assigning Liability for Inherent Risk Accidents?

Abstract

The public’s dissatisfaction with American tort rules has led US state legislatures to enact more than 120 statutes for assigning liability for accident losses. Many of these statutes address the liability of accidents involving inherent risks of activities where neither the activity provider nor injured participant was negligent. Due to business complaints about high insurance costs, legislatures decided that participants ought to bear the costs arising from inherent risk accidents. Yet, causal factors associated with sport activities may support an alternative liability rule to maximize social welfare. Because inherent risk statutes lead to increased activity levels, they are accompanied by increased accident costs. Factors causing incorrect liability results may be compared to offer a recommendation for a liability regime for inherent risk accidents.