{"title":"安全评分责任","authors":"Omri Ben-Shahar","doi":"10.1093/jla/laaf010","DOIUrl":null,"url":null,"abstract":"Data technology is increasingly deployed to assign safety scores to people and products. Could these scores be used to apportion liability for accidents? Instead of liability based on ad-hoc care level (the negligence rule), “safety score liability” imposes liability commensurate with the habitual propensity to behave unsafely. This article describes how such a regime works, the incentives it creates, and the barriers it faces. It demonstrates its application to the most common torts—auto accidents. Safety score liability offers a novel foundation for the notion of fault in tort law, with surprisingly strong incentives for care, and an effective scheme for compensating victims.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"105 1","pages":""},"PeriodicalIF":1.8000,"publicationDate":"2025-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Safety score liability\",\"authors\":\"Omri Ben-Shahar\",\"doi\":\"10.1093/jla/laaf010\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Data technology is increasingly deployed to assign safety scores to people and products. Could these scores be used to apportion liability for accidents? Instead of liability based on ad-hoc care level (the negligence rule), “safety score liability” imposes liability commensurate with the habitual propensity to behave unsafely. This article describes how such a regime works, the incentives it creates, and the barriers it faces. It demonstrates its application to the most common torts—auto accidents. Safety score liability offers a novel foundation for the notion of fault in tort law, with surprisingly strong incentives for care, and an effective scheme for compensating victims.\",\"PeriodicalId\":45189,\"journal\":{\"name\":\"Journal of Legal Analysis\",\"volume\":\"105 1\",\"pages\":\"\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2025-10-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Legal Analysis\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/jla/laaf010\",\"RegionNum\":1,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Legal Analysis","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jla/laaf010","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Data technology is increasingly deployed to assign safety scores to people and products. Could these scores be used to apportion liability for accidents? Instead of liability based on ad-hoc care level (the negligence rule), “safety score liability” imposes liability commensurate with the habitual propensity to behave unsafely. This article describes how such a regime works, the incentives it creates, and the barriers it faces. It demonstrates its application to the most common torts—auto accidents. Safety score liability offers a novel foundation for the notion of fault in tort law, with surprisingly strong incentives for care, and an effective scheme for compensating victims.