Criticism
Critics point out that term "gravity of loss (L)" is vague, and could entail a wide variety of damages, from a scratched fender to several dead victims. Even then, on top of that, how exactly a juror should determine a value for such a loss is abstract in itself. The speculative nature of the rule also seizes upon how a juror should determine the probability of loss (P).
Additionally, the rule fails to account for possible alternatives, whether it be the use of alternate methods to reach the same outcome, or abandoning the risky activity altogether.
Also noteworthy, is that merely using the formula does not guarantee efficient precaution measures. The reason for that is simple: efficiency means taking precautions up to the point where marginal utility equals marginal cost. If the formula were implemented in it's marginal sense it could guarantee an efficient outcome. However, judges don't do that, and henceforth, outcomes might not be efficient.
Read more about this topic: Calculus Of Negligence
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