Gillette And Krier Case Study Essay

With all the risks in the world, James Krier and Clayton Gillette discuss the risk related costs. The idea is to look at risk management and assess what is the best route in regards to the application of the law. Krier and Gillette first distinguish between the types of risks and than look at who should be the proper authority in assessing and determining these risks. From there the discussion than moves on to look at process bias and access bias, and why some lawyers will take cases or not, and why some people will want to pursue a case or not. The layout for their argument is as follows: displaying their argument, reasoning for regulation and under what circumstance, the litigation and finally which agencies or courts to turn to. Firstly, there are two types of risks that Krier and Gillette mention, which are public and private risks. A public risks is defined as a “manmade threat to human health or safety that is centrally a or mass produced, broadly distributed, and outside the individual risk bearer’s direct understanding in control (Gillette, 1028). An example of a public risk is mass produced vaccines or …show more content…
Class attorneys look for litigations in which they will gain personal benefits in excess of the personal costs. When looking at the litigation costs, they have to take into account how much they will make personally. The steps in order to make a case include getting the class action certified obtain proof of causation, standard liability, identification of defendants and place responsibility amongst the parties. This is a reason why not many lawyers will take public risks cases because the personal costs are so low. Public risks cases do not have enough claims to make a fast case and it is simply too open-ended. Process bias on the other hand is the opposite for public risk cases, once the case has made it in it is much