Post by Sapphire Capital on Jul 24, 2008 22:47:20 GMT 4
Letting Good Deeds Go Unpunished: Volunteer Immunity Laws and Tort Deterrence
JILL R. HORWITZ University of Michigan Law School; National Bureau of Economic Research (NBER) JOSEPH MEAD University of Michigan at Ann Arbor Journal of Empirical Legal Studies, 2008 U of Michigan Law & Economics, Olin Working Paper No. 08-009
Abstract: Does tort law deter risky behavior in individuals? We explore this question by examining the relationship between tort immunity and volunteering. During the 1980s and 1990s, nearly every state provided some degree of volunteer immunity. Congress followed with the 1997 Volunteer Protection Act. This article analyzes these acts, identifying three motivations for them: the chilling effects of tort liability, limits on liability insurance, and moral concerns. Using data from the Independent Survey's Giving and Volunteering surveys, we then identify a large and positive correlation between immunity and volunteering. We next consider the implications of the findings for tort theory and nonprofit law.
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