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.
Omri Ben-Shahar, Safety score liability, Journal of Legal Analysis, volume 17, issue 1, pages 190-212 (2025). Published: 7 October 2025.
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