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.
As a result, hospital
enterprise liability is less likely to lead to a shift in power from physicians to MBAs, than it is to shift power from individual physicians to committees of physicians.
Exclusive hospital
enterprise liability has the potential to revive the dormant deterrent power of tort law.
19 (1986) ("That such loss distribution, based in effect on
enterprise liability, would usually be preferable to the determination of compensation by reference to fault, has been widely recognized for years.
negotiating with the state over
enterprise liability, and where the
30) The theory of
enterprise liability asserts: (1) that accident costs should be internalized by the activity responsible for them; and (2) that accident costs should be both dispersed--not concentrated--and distributed among the participants in the activity responsible for them.
Enterprise liability seems to resolve some of the problems in a country such as the United States where the threat of malpractice looms more than in other nations.
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.
For the first time, the relevant case law reveals unmistakable echoes of strict
enterprise liability.
Furrow,
Enterprise Liability and Health Care Reform: Managing Care and Managing Risk, in CROSS NATIONAL PERSPECTIVES ON HEALTH CARE REFORM 45, 47 (William R.
Beyond protecting confidentiality, the Institute of Medicine report called for further study of proposed legal reforms, including no-fault compensation for medical injuries and "exclusive
enterprise liability," which shifts liability for medical injuries from individual practitioners to responsible organizations.
