ABSTRACT
The fitness of the legal system should be assessed through the identification of the results that existing legislation aims at achieving, and its actual effect, hence discerning if and how correct are the incentives provided. From this perspective, the most relevant aspect requiring consideration is that of liability rules. Indeed, how the risks associated with the use of a device are distributed among interested parties – the manufacturer on the one side, and user and third parties on the other side – is certainly one of the most relevant parameters to be taken into account when deciding if and when to sell a product onto the market. The producer needs therefore to factor such potential costs into his functions in order to determine whether to invest in research and development of a specific technology or not. High ex ante uncertainty and excessive ex post costs clearly discourage such ventures, hence the effectiveness and desirability of existing and applicable rules may be questioned and alternatives proposed.
