What If The Product Cannot Be Traced Back To The Manufacturer?

It is important to identify the product manufacturer in a personal injury products liability case.

But in some cases, even if the manufacturer cannot be identified, a personal injury products liability plaintiff can still be brought. Such situations include:

  1. Alternative liability: Where two wrongdoers simultaneously commit a bad act and one caused the injury.
  2. Enterprise liability: Where product manufacturers adhere to an industry wide standard.
  3. Concert of action: Where product manufacturers pursuing a common plan aid or encourage each other, making them equally responsible for the wrong.
  4. Market share liability: Where product manufacturers have a substantial share of the market in a particular geographic area.

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Gaulding v. Celotex, 772 S.W.2d 66 (Texas Supreme Court 1989) (recognizing in personal injury asbestos cancer case that unidentified product manufacturer could be sued if alternative liability, enterprise liability, concert of action, or market share liability theory could be proven).