The types and amount of compensation recoverable under an automaker
enterprise liability regime would probably be limited to economic losses--medical expenses, lost income, and property damage.
This short but interesting article reviewed the extent to which ideas of
enterprise liability had affected the formal rules of tort liability in England.
(158.) See, e.g., BAKER, supra note 8, at 174 ("[E]nterprise insurance.., is my answer to the medical malpractice insurance crisis."); Mello & Studdert, supra note 27, at 618 (in advocating
enterprise liability, stating that "tort deterrence is best targeted at the institutional, not individual, level in medical malpractice law"); Peters, supra note 123, at 278-86 (advocating
enterprise liability over health courts as the solution to the medical malpractice issue).
The main criticism of
enterprise liability is its potential
Corporate law scholars have primarily relied on
enterprise liability to suggest that corporate groups act as a single enterprise.
Exclusive hospital
enterprise liability has the potential to revive the dormant deterrent power of tort law.
(113.) See generally McLean III, supra note 13 (arguing for
enterprise liability).
Enterprise liability has been the legal system's chief
Particular conceptions of liability --such as the
enterprise liability conception of strict liability--articulate these regimes in specific ways.
(153) A further benefit of
enterprise liability, which could counter the potential for errors associated with the use of sophisticated technology, is that a more "nonpunitive culture" would increase error reporting.
Keating, The Idea of Fairness in the Law of
Enterprise Liability, 95 MICH.
In most cases, plaintiffs freely concede that they possess no product identification evidence and, instead, urge the courts to adopt one of a variety of alternatives to proximate causation--market share liability,
enterprise liability, alternative liability, or concert of action.
