This article uncovers the role of framing in the determination of negligence. Negligence disputes fall into two categories: cases in which injurers inflicted harm while seeking to avoid a loss to themselves (loss frame) and those in which they were seeking to obtain a personal gain (gain frame). We develop a theoretical framework whereby the frame of the injurer's behavior shapes negligence determinations in two ways. First, people are less likely to find an injurer negligent in a loss than in a gain frame. This is because, due to loss aversion, they find behavior more reasonable if done to avoid a loss than to obtain a gain. Second, people accord greater weight to the efficiency of the injurer's behavior in a loss frame than in a gain frame. This is because a comparison between the victim's harm and the injurer's benefit is more salient when both parties face a loss (loss frame). A series of experiments supported both hypotheses as well as the underlying mechanism. We discuss the implications of our findings and suggest that they may relate to the seemingly inconsistent case law on the role of efficiency considerations in negligence cases.

中文翻译：

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框架疏忽

本文揭示了框架在过失认定中的作用。过失纠纷分为两类：加害人在寻求避免给自己造成损失（损失框架）时造成伤害的案件和他们寻求个人利益的案件（增益帧）。我们开发了一个理论框架，据此，加害者的行为框架以两种方式塑造过失判定。首先，人们不太可能发现加害者在损失中疏忽了，而不是在获得框架中。这是因为，由于厌恶损失，他们发现避免损失而不是获得收益的行为更合理。其次，人们在损失框架中比在收益框架中更重视加害者行为的效率。这是因为当双方都面临损失（损失框架）时，受害者的伤害和加害者的利益之间的比较更加突出。一系列实验支持了这两个假设以及潜在的机制。