Reference no: EM133236994

1. Livingston v. S.C. Dept. of Soc. Services (2021):

Infant twins of Michael and Heather Livingston seen in a hospital ER suffered from multiple bone fractures. The Livingstons told the DSS that no one else had access to the infants. Two reviewing doctors determined the infants suffered abuse by assault. Michael Livingston was arrested, and the couple's three children were taken into protective custody. Years later, another set of doctors determined that mother and the twins suffered from a rare genetic disorder resulting in weak and brittle bones. The DSS returned the children to the parents. The Livingstons sued the DSS. The issue of negligence is a question of whether the DSS breached a duty (i.e., were negligent) when removing the Livingstons' children from their home. That is, the question of negligence is whether the DSS was negligent (not whether the Livingstons were negligent).

Suppose that the judge may decide the case under a strict liability rule or under a negligence rule. Discuss the arguments in favor of using a strict liability rule in this case in the context of economic incentives. Discuss the arguments in favor of using a negligence rule in this case in the context of economic incentives.