Deep Pocket - Deep Pocket in Law and Economics

Deep Pocket in Law and Economics

Deep pocket is a concept often used in the law and economics of tort law. It refers to the idea that the risk of an activity should be borne by a person that is in a relatively good position to handle it. This can be achieved by either spreading the risk over a large number of risk-bearers (usually by means of insurance), or by imposing it on a person that is relatively risk-neutral. The latter is often assumed to be the case for wealthy individuals or large corporations, who are referred to as having "deep pockets", since their wealth will not be affected very strongly if the risk materializes. For example, a deep pocket argument might, among other arguments, be used to justify product liability, as producers with "deep pockets" will normally be better able to accommodate the risk of damages than individual consumers not endowed with "deep pockets".

A variation on term refers to the special subtype of frivolous litigation where plaintiffs target wealthy or corporate defendants for little other reason than them having high resources. These cases involve plaintiffs who have suffered genuine damages, but the true culpability lies squarely with a individual or small entity who has very little money that could be collected if the suit was won. Instead, the plaintiff targets the nearest marginally related large corporation or wealthy defendant, often with a weak accusation of negligence. A popular example is a person being shot by a criminal, and suing the manufacturer of the firearm instead of their attacker.