Market share liability

Market share liability is a legal doctrine that allows a plaintiff to establish a prima facie case against a group of product manufacturers for an injury caused by a product, even when the plaintiff does not know from which defendant the product originated. The doctrine is unique to the law of the United States and apportions liability among the manufacturers according to their share of the market for the product giving rise to the plaintiff's injury.[1]

  1. ^ Henderson, J.A. et al. The Torts Process, Seventh Edition." Aspen Publishers, New York, NY: 2007, p. 125

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