ABSTRACT
A principal reason that scientists and healthcare professionals care about the workings of the legal system is due to the way that it deals with the risks created by their activities. The world of ordinary individuals, including consumers of products and medical patients, often moves forward because providers of goods and services are willing to take risks. The assumption about the effects of law on innovation leads to a discussion of a very risk-averse perspective. In civil cases, in which the basic rules of decision are governed by the common law or by common law-like statutory provisions, many courts have adopted a risk-averse view partial to injured persons. There are two sets of more or less competing approaches that courts have taken in injury cases. One of a pair of economics-focused tests weighs the risk of injury against the utility of activity or product at issue. Another compares the costs of the product or activity with the benefits it provides.
