Three major policies underlie tort liability: deterrence, compensation, and corrective justice. A primary justification for proportional liability is its alleged superiority in advancing the tort policy of deterrence. This Article demonstrates a significant flaw in this claim by showing that the use of tort liability in multiple cause cases involving statistical evidence in fact serves the policy of deterrence quite poorly.
David A. Fischer, Proportional Liability: Statistical Evidence and the Probability Paradox, 46 Vand. L. Rev. 1201, (1993)