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by pjscott 1137 days ago
> They mention, but don't really endorse, liability law models. But today's adversarial legal model in the US is also slow, expensive, and results in tons of cover-your-ass legalese at large places.

They allude to no-fault workman's compensation laws, discussed at greater length in this excellent article:

https://rootsofprogress.org/history-of-factory-safety

The trick there was to take the liability out of the adversarial court system, by not requiring the injured party to prove that the employer was at fault -- only that they got injured somehow. And it worked much more reliably, with less ass-covering and less overhead, than the previous tort-based model.

2 comments

All three of these things are orthogonal:

1) Negligence vs strict liability

2) Tort model

3) adversarial truth-seeking

Indeed, and I didn't mean to imply otherwise.
Thanks for the link, that was a fascinating read.