Courts should develop theory and practice of damages for incompensable losses based on the response of reasonable people to daily risks. Specifically, courts should compute damages based on the reasonable person's point of indifference between less risk and more expenditure on precaution. The Hand rule describes this point of indifference.
Hand Rule Damages for Incompensable Losses,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol40/iss4/3