Does risk to oneself increase the care owed to others? Law and economics in conflict

As applied by courts, the Hand Rule balances the injurer's burden of precau tion and the victims' reduction in risk. In this application, risk to onese lf does not increase the duty owed to others. Economists, however, use the Hand Rule to minimize social costs, which requires balancing the burden of precaution against the reduction in risk to everyone. For economists, risk to oneself counts in determining the duty owed to others. In cases where pr ecaution reduces joint risk (risk to oneself and others), the usual legal i nterpretation underestimates the reduction in risk relative to the economic interpretation, often by 50 percent. The consequence is a lower standard o f legal care than required to minimize social costs. Judges should reconcep tualize the Hand Rule so that risk to oneself increases the care owed to ot hers.