ThinkTankWeekly

How Does and Should Tort Liability Affect High-Consequence Life Sciences Research?

RAND | 2026-05-27 | health

Topics: AI, Trade, United States

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English Summary

This RAND report analyzes how tort liability can influence safety practices in high-consequence life sciences research. While existing safety is governed by a complex web of regulations, the study finds that researchers are more aware of compliance rules than the risk of civil litigation, suggesting tort liability is an underutilized incentive. The analysis, which combines legal review and expert interviews, argues that tort liability plays a small but important role in risk reduction by creating high-level accountability. Policymakers should consider modifying the liability structure, such as implementing strict liability, to create stronger, more effective marginal incentives for improved biosafety and risk management in critical biological research.

中文摘要

這份RAND報告分析了侵權責任如何影響高風險生命科學研究中的安全實踐。儘管現有的安全規範由複雜的法規網絡所約束,但研究發現,研究人員對合規規則的認知程度,遠高於對民事訴訟風險的警覺,這表明侵權責任是一種未充分利用的激勵機制。本分析結合了法律審查和專家訪談,提出侵權責任在透過建立高層級問責制方面,對風險降低扮演著雖小但重要的角色。政策制定者應考慮修改現有的責任結構,例如實施嚴格責任制度,以為關鍵生物研究領域的生物安全和風險管理創造更強、更有效的邊際激勵。

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