Market share liability

{
  "id": "MLC-T-LAW-003168",
  "term": "Market share liability",
  "field": "Law",
  "definition": "A legal theory, primarily in product liability cases, that allows a plaintiff to recover damages from multiple manufacturers of an fungible product when the specific manufacturer of the product that caused injury cannot be identified. Under this doctrine, each defendant is held liable for a percentage of the plaintiff's damages corresponding to its share of the market for the product at the time of the injury. This theory was notably applied in cases involving the drug diethylstilbestrol (DES).",
  "url": "https://mlchart.com/terminology/law/market-share-liability/"
}