Even if a harmful product cannot be traced back to a particular manufacturer, a plaintiff may still be able to recover in a products liability action under the market share theory.

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The market share liability theory allows a plaintiff to recover damages in a products liability action even if they cannot identify the specific manufacturer of the harmful product. Instead, liability is apportioned among manufacturers based on their share of the market for the product in question. This theory is particularly used in cases involving generic products or when the specific source of harm cannot be traced to a single manufacturer.

Even If a Harmful Product Cannot Be Traced Back to a Particular