What is a “market share liability” in defective products law?

Market share liability in defective products law is a legal concept that holds companies responsible for any product-related injuries or deaths, even if the company has no direct relationship with the defective product or the person who sustained the injury. This concept means that companies who sell a certain type of product are liable for any injuries or deaths caused by any manufacturers’ version of that product. For example, in New York, a person who is injured by a defective operating table could sue any company who manufactured, sold, or distributed any version of that same operating table. All of these companies would be held jointly and severally liable for the damages, even if they were not directly involved in the injury. This is because companies have a shared responsibility among each other to ensure that the products they bring to market are safe for consumers. Obviously, under market share liability, the more a company produces or sells a defective product, the higher likelihood that a court will find that company responsible for the injury or death. As a result, companies are always obligated to exercise a great deal of caution when developing and releasing new products. The last thing a company wants is to be found guilty of market share liability.

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What is a “market share liability” in defective products law?

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