A few years ago Bennie purchased some medication through a veterinarian for an aging pet iguana,Scales,who had a skin disease.Scales died a few months after beginning the medication.At the time of the death,Bennie thought that Scales had died of natural causes.Bennie later read in the newspaper that a number of reptilian-type animals had been harmed by the drug Scales ingested.Immediately Bennie talked to Scale's veterinarian who admitted the medication was most likely harmful to Scales,it was manufactured by a number of different manufacturers,and there is no way to determine the exact manufacturer of the medication given to Scales.Which of the following is Bennie's best chance at recovery?
A) Market-share liability
B) Joint and several liability
C) Product-line theory
D) Continuity theory

Question

Quizplus · Accepted Answer

Market-share liability allows a plaintiff to recover damages based on the proportion of the market share held by each manufacturer when the specific manufacturer of a harmful product cannot be identified. This is applicable in Bennie's situation where the exact manufacturer of the medication cannot be determined.

A Few Years Ago Bennie Purchased Some Medication Through a Veterinarian