Abstract
AbstractThis article contributes to the discussion about proper product safety in the wake of disruptive digital technologies. By picking the example of 3D printing we analyse why incumbent product liability law does not incentivise optimal deterrence of harmful 3D printed products. We identify the new business models associated with 3D printing as the main trigger for the non-applicability of incumbent liability law. The new business models are characterised by making no strong reference to economies of scale. As a result, the informational content of specific producers and their products is scarce and the identification of tortfeasors becomes a challenge for the legal system. While there is yet no easy solution to the problem, we provide at the end of the article an inventory of institutions that may take the lead in finding new proper liability rules and safety regulations.
Highlights
The aim of any liability regime is twofold: (1) in the event of an accident the victim shall receive fair compensation; and (2) the liability regime shall allocate responsibilities along the value chain from the producer towards the consumer.[1]
We identify the new business models associated with 3D printing as the main trigger for the non-applicability of incumbent liability law
Under ideal circumstances a liability regime leads to optimal deterrence of producing or selling defective products
Summary
The aim of any liability regime is twofold: (1) in the event of an accident the victim shall receive fair compensation; and (2) the liability regime shall allocate responsibilities along the value chain from the producer towards the consumer.[1]. The single developments built upon each other and could rely on an analytical framework in which it was clear who the producers and who the consumers were.[6] There was certainty about the properties of the production technology (value chain) and whom to hold responsible in case of wrongdoing. This is true for the economic analysis of tort law, which requires for an optimal allocation of liability that the single steps in a value chain can be identified and the decision makers at each step in the value chain can be incentivised . Contribution we will sketch out an institutional framework within which law and regulations could be further developed to guarantee socially desirable product safety standards, insofar as our article contributes to the more general question of how a framework for digital governance might look
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