Unmanifested Harm in Business-to-Consumer Transactions

This article considers four liability regimes for unmanifested harm in business-to-consumer transactions: (a) delayed damages that require the consumer to wait until the harm occurs; (b) anticipatory damages that award money to a consumer based on the statistical probability that the product will fail or cause harm; (c) injunctive relief prohibiting the manufacturer from producing the product; and (d) trust damages, under which the manufacturer endows a bankruptcy-remote fund for the purpose of compensating consumers if and when harm occurs. (JEL: K12, K13, K42)