• This theory of liability usu. applies only in the situation in which a plaintiff cannot trace the harmful exposure to a particular product, as when several products contain a fungible substance. For example, it is sometimes applied to a claim that the plaintiff was harmed by exposure to asbestos. See enterprise liability. [Cases: Products Liability 23.1, 24. C.J.S. Products Liability § 41.]
market share liability
Liability that is imposed, usu. severally, on each member of an industry, based on each member’s share of the market or respective percentage of the product that is placed on the market.
