Under the theory of industry wide liability, when it is impossible to successfully identify the particular manufacturer that caused the harm, courts will:
A) apportion liability among manufacturers based on market share.
B) make the plaintiff identify a likely manufacturer.
C) withhold liability among the firms in that industry that could have produced the product.
D) prohibit further manufacturing of the product.

Question

Quizplus · Accepted Answer

Industry wide liability is an outgrowth of strict product liability. The need for the theory of industry wide liability arose because an increasing number of people were being injured by standardized products that did not cause the injury until after a number of years. In order to overcome such problems, several courts have decided to apportion liability among the manufacturers on the basis of their market share.

Under the Theory of Industry Wide Liability, When It Is