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Re:The US has forgotten how to do infrastructure by wahern on Wednesday May 31, 2017 @04:23PM (#14455600)
Those liability problems exist in every advanced Western country. It's true that litigation is more costly in common law countries, in some cases twice as high, and that this cost can be internalized in the ways you suggest. But those costs only account for single-digit percentages overall.

What you describe could also be understood as an inefficient way of organization that is peculiar to the United States, and a by-product of American business and economic logic. Firms (i.e. vertical integration) exist to reduce the comparative inefficiencies of having separate, independent entities. Most other countries still have huge conglomerates (e.g. Japan, Korea), or contractors enjoy closer and longer-term business relationships.

With rare exception (Berkshire Hathaway, Elon Musk, etc) Americans have systematically shifted toward looser organization of smaller, independent business entities. One of the downsides is the exploding cost of orchestrating these entities for big projects, and the loss of knowledge about how to manage such projects.

Re:The US has forgotten how to do infrastructure by cylinder on Wednesday May 31, 2017 @04:46PM (#14455766)
No not really, once you study the legal system of other advanced countries you will realize the US system is completely insane. The verdicts are wild, and we use juries for complex civil litigation. A bunch of regular Joes are supposed to understand torts and then even calculate damages! The result is trial lawyers succeed by playing on emotion, class, race, playing a character, etc., and a bunch of bored confused Joes and Janes sees an injured person and thinks "Okay, this sucks, give them $50 million."
Re:The US has forgotten how to do infrastructure by wahern on Wednesday May 31, 2017 @05:41PM (#14456162)
There are several recent studies that have attempted to quantify the costs. I don't have the time to locate and paste them here, but the TL;DR is that 1) yes, common law countries have much higher litigation costs; 2) the U.S. is the highest of all; but 3) while significant the differences are nowhere near enough to explain the enormous differences in infrastructure costs.

As for direct liability costs, I can't remember if I've read any recent studies of those. But I went to law school (I'm not an attorney, though) and several of my family members are tort lawyers, and I can tell you from everything I know and have learned that liability costs are overblown. The fact of the matter is that every society will force negligent businesses to internalize the costs of their negligence. Some countries (esp. common law countries) emphasize the ability of individuals to seek compensation for actual damages. Other countries emphasize prevention and enforce a much stricter regulatory regime. Either way the costs can be considerable, but in any event the U.S. doesn't stand out among developed countries AFAIK.

I just watched the Wizard of Oz this past weekend and in one of the opening scenes Miss Gulch, who was bitten by Toto, threatens to sue Dorothy's Aunt & Uncle for everything they have, taking away their farm. Point being, Americans have always had a somewhat irrational fear of litigation. It's a cultural thing. That same fear existed back in a time when building big infrastructure projects was cheap.

Re:The US has forgotten how to do infrastructure by everybodyknows on Wednesday May 31, 2017 @05:33PM (#14456108)
This accounts for trial lawyers reputed aversion to engineers during jury selection: not easily manipulated by emotional appeals, too likely to think about where that $50 million came from and will go to. I've been on the voter rolls for 35 years, and not once called in.
Re:The US has forgotten how to do infrastructure by mikestew on Thursday June 01, 2017 @12:12PM (#14461561)
I've been on the voter rolls for 35 years, and not once called in.

That's luck of the draw, not anyone's aversion to having engineers on a jury.

Re:The US has forgotten how to do infrastructure by wyldfire on Wednesday May 31, 2017 @04:58PM (#14455860)
I don't know the solution but I would be super hesitant to take jury trials away (even for civil suits like described here).
Re:The US has forgotten how to do infrastructure by b34r on Wednesday May 31, 2017 @07:40PM (#14456782)
For civil suits I absolutely would. It's a waste of people's time.
Re:The US has forgotten how to do infrastructure by crusso on Wednesday May 31, 2017 @05:19PM (#14456015)
But those costs only account for single-digit percentages overall

How do you know that? It seems like a really difficult number to account for like the cost of medical lawsuits. Sure, you can look at malpractice insurance, legal fees, and damages awarded to plaintiffs - but how do you properly count the extra tests, procedures, pharmaceuticals, man-hours, etc. that result from the increased defensive posture of doctors and hospitals?

Re:The US has forgotten how to do infrastructure by johansch on Wednesday May 31, 2017 @05:08PM (#14455932)