Market Share Liability

Crushendo defines this key bar prep and torts term.

What does market share liability mean?

market share liability – When you are affected by a harmful product and you’re not sure which manufacturer made it (usually an indistinguishable commodity, like a pharmaceutical drug), you can sue any manufacturers that make up a substantial market share. All manufacturers being sued will be liable proportional to their market share, unless they can prove they did not manufacture the product that hurt you.

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