Market share involvement in the production and sale of des


Read the following case and on the basis of the reading, answer the following questions:

SINDELL v. ABBOTT LABORATORIES
California Supreme Court 26 Cal. 3d 588 (1980)

Question 1: Was it fair to allow suit against companies based on their "market share" involvement in the production and sale of DES (market-share liability)?

Question 2: If not, should anyone be held accountable for the injury caused to DES-daughters?

Question 3: Is it fair to sue only those companies that captured the majority market share?

Question 4: Would it be fair to sue all of the companies who sold DES during this period (enterprise liability)?

Question 5: Is it fair to sue a company with a share of the market, even if the company can prove its product could not possibly have been the one Jane Sindell's mother took?

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