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

Market share liability is a legal doctrine in defective products law that makes all members of a product market collectively responsible for any harm caused by a particular type of product, regardless of which specific company manufactured the product. In Washington, this doctrine can be used when a person is injured or killed by a type of product that carries an inherent risk of injury or death, like medical implants or automobile parts, and the manufacturer cannot be identified or is unable to bear the cost of the harm. In such cases, all companies who make or sold the product may be jointly and severally liable for the injury or death. Market share liability can be used both as a way to make sure victims of defective products get the compensation they deserve, and as a deterrent to produce products that are safe and of good quality. All products and companies in the same market are held to the same standards when it comes to market share liability, which leads to more accountability and higher quality products. Ultimately, market share liability is a way of rewarding responsible companies who produce quality products, while ensuring that people injured by defective products can get the compensation they need. It is an important part of Washington’s defective products law, and helps to ensure that companies in the same market are held to the same standards.

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

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