The Basic Theoretical Research Of Market Share Liability

Market share liability in the tort law of the USA started with DES series of cases,andcreated new times of wide-ranging tort liability systems,and attracted attention with tortlaw scholars around the wold,and affected the judgments of the similar cases inEurope.However,despite market share liability becomes the new darling to solve thewide-ranging tort cases,the basic theoretical research of the new theory is always a littleweak.After examining the background of market share liability in the USA,Sindell case inwhich market share liability was first created,the revision of market share liability andnon-DES cases which refuse to apply market share liability, you can find that the basictheoretical research of market share liability involves inherent difficulties of market shareliability and the applicable requirements of market share liability.The first one involvesthree difficulty,they are the relationship of market share liability and alternativeliability,market definition and market share determination and defendants’ liabilityallacation.The second one not only involves the applicable requirements of market shareliability,the meaning of fungibility,also discuss whether manufacturing defect case canapply market share liability.After analyzing the above difficulties,you can see that marketshare liability is grounded upon an extension of alternative liability and modifies alternativeliability.Market definition refers to three factors,they are the uses of products,geographyand across time,and the standard of th substantial share is that plaintiff would have theburden of joining51percent share of that market as defendants. Defendants should bearproportionate liability.The applicable requirements of market share liability involves fivefactors.The first one is that plaintiff can not identify defendants and plaintiff’s burdenshould satisfy joining substantial share of that market.The second one is that the product isgenerally defective.,and market share liability can be applied in manufacturing defect casewhen the defect is systemic or industry-wide problem affecting all manufacturers.The third one is that the product is fungible,and the meaning of fungibility is that the risk ofeach manufacturer’s product is uniform.The fourth one is that plaintiff suffers signatureand delayed manifestation injury,and manufacturers has warned the potential risk ofproduct,and plaintiff should be certain about what caused harm.The fifth one is thatplaintiff can determine the approximate time that the tortious conduct occured.