Empiriceme · Precept · Normative Principle

Learned Hand Formula

Also called Hand rule; B < PL

A precaution is owed when the probability of harm times its magnitude exceeds the burden of taking it.

Hand's 1947 formulation in United States v. Carroll Towing: B < PL. It is an early explicit cost-benefit rule for institutional risk, and it makes negligence a question of arithmetic rather than character.

In practice

  • A supermarket that could fit non-slip matting for £8,000 and faces £200,000 of foreseeable injury claims is negligent for not fitting it.
  • A landlord who could install a £40 carbon monoxide alarm against a small chance of a death is doing the same arithmetic, and the answer is not close.
Standing
An early explicit cost-benefit rule for institutional risk.
Subject
Risk & Reliability
Essay
How much caution, and the jokes about its limits

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