Should Government Be Allowed to Recover the Costs of Public Services from Tortfeasors?: Tort Subsidies, the Limits of Loss Spreading, and the Free Public Services Doctrine

Article by Timothy D. Lytton

The free public services doctrine (also known as the municipal cost recovery rule) states that a government entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor's wrongdoing. This Article traces the history of the doctrine and argues for its elimination. The Article criticizes case law supporting the doctrine and raises objections based on fairness, efficiency, and institutional concerns about the proper limits of judicial policy making.


About the Author

Timothy D. Lytton. Associate Professor of Law, Albany Law School. B.A. 1987, J.D. 1991, Yale University.

Citation

76 Tul. L. Rev. 727 (2002)