Technology and torts: Memory costs, nondurable precautions and interference effects

► We examine the influence of nondurable precaution technologies on the expansion of tort awards. ► We present a formal model on durable and non-durable precaution technology that focuses on memory costs. ► Tort law perpetuates the expansion of awards because liability exposure creates interference. ► The interference effects may increase the potential problem of socially excessive suits. ► The overall effect of new technologies on the rate of litigation in ambiguous.