🌙

市场份额责任:产品责任中因果关系的新原则

Market Share Liability: A New Doctrine of Causation in Product Liability

Journal of Marketing · 1983
被引 10
人大 AFT50UTD24ABS 4*

中文导读

介绍了Sindell案确立的市场份额责任原则,即当原告无法确定具体生产者时,被告按市场份额比例承担赔偿责任,对产品责任法研究者和法律从业者有参考价值。

Abstract

The recent decision in Sindell v. Abbott Laboratories et al. established a new doctrine of causation in product liability, “market share liability.” Under this doctrine the manufacturers of the drug DES, if found guilty of the charges of negligence filed against them, would be assessed damages in proportion to their market share even though the plaintiff, Judith Sindell, cannot identify which of those manufacturers produced the drug causing her injury.

产品责任因果关系法律经济学侵权法