Products Liability As Enterprise Liability

Products Liability

Resuscitating Hospital Enterprise Liability

No tort reform has more potential to improve the quality of medical care and to reduce the frequency of patient injuries than exclusive hospital enterprise liability. Hospital enterprise liability would make hospitals liable for all patient injuries occurring in the hospital that are the product of provider negligence, regardless of the independent contractor status of the providers. In its “ex...

Products Liability--An Analysis of Market Share Liability

Products Liability , Signaling and Disclosure

In this paper we examine the behavior of a firm that produces a product with a privatelyobserved safety attribute; that is, consumers cannot observe directly the product’s safety. The firm may, at a cost, disclose its safety prior to sale; alternatively, if a firm does not disclose its safety then consumers can attempt to infer its safety from the price charged. The liability system is importan...

Enterprise liability, risk pooling and diagnostic care