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market share liability
Market share liability is a legal doctrine that allows a plaintiff to establish a prima facie case against a group of product manufacturers for an injury caused by a product, even when the plaintiff does not know from which defendant the product originated. The doctrine is unique to the law of the United States and apportions liability among the manufacturers according to their share of the market for the product giving rise to the plaintiff's injury.〔Henderson, J.A. et al. ''The Torts Process, Seventh Edition." Aspen Publishers, New York, NY: 2007, p. 125〕
==Origins==
Market share liability was introduced in the California case ''Sindell v. Abbott Laboratories''. In ''Sindell'', the plaintiffs were injured by DES, a drug prescribed to prevent miscarriage. The mothers of the plaintiffs had taken DES while pregnant, and expert testimony showed this to be a proximate cause of reproductive tract cancers in the plaintiffs years later. The plaintiffs, however, could not ascertain which drug company distributed the DES taken by their mothers. The court responded by allowing the plaintiffs to apportion liability among the defendant drug companies according to their respective shares in the DES market.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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