The Interplay between Market Share Ratios and Manufacturer Liabilities

Understanding the correlation between market share ratios and manufacturer liabilities is essential in today’s competitive business environment. For manufacturers, the liability associated with defective goods is directly proportional to the market share they command. This post aims to delve into the intricate dynamics of this relationship, exploring how market share ratios can impact a company’s financial and legal responsibilities concerning product liability.

With a focus on manufacturer defects and the risks they pose, we will navigate through the complexities that manufacturers need to consider in their journey toward commercial success. Stay with us as we unveil the interplay between market share ratios and manufacturer liabilities.

Call 317-881-2700 to Speak With a Product Liability Attorney in Indianapolis Indiana
Call 317-881-2700 to Speak With a Product Liability Attorney in Indianapolis Indiana

Manufacturer Liability

Manufacturers are liable for any defects in their goods that lead to injury or damage. However, the extent of this liability is dependent on how much of the market share they occupy. The larger a company’s market share, the greater its legal responsibility is about product liability cases. This means that manufacturers must exercise care when determining appropriate levels of production and distribution to avoid any potential liabilities.

In the event that a manufacturer is found liable for defective goods, they could face significant financial repercussions. These can range from expensive repairs and replacements to costly legal action, victim settlements, and fines. As such, manufacturers must ensure they have taken all necessary precautions to limit their liability in the event of defective goods.

Market Share Ratios

To effectively manage their liabilities, manufacturers must be aware of the market share ratios they command. Market share is a measure of how much total sales volume a company holds in comparison to its competitors. The higher a company’s market share, the more responsibility it has towards defective product cases. For instance, if a manufacturer produces and distributes a product with a 10% share of the market, then they are only liable for 10% of any defective goods-related damages. On the other hand, if that same company holds 20% or more of the market, their responsibilities may be much greater.

What to Do if You Were Injured By a Defect Product

If you or a loved one was injured by a defective product, it is important to take action. Depending on the situation, that may involve filing a personal injury lawsuit against the manufacturer. In some cases, it may be necessary to contact an experienced product liability attorney who can help guide you through the legal process. Before making any decisions, it is best to familiarize yourself with the market share ratios held by the product’s manufacturer. If they hold a large percentage of the market, then you may have grounds to pursue a more extensive claim against them.

Biggest Product Recalls in Recent Years

In 2019, one of the most notable product recalls involved a large-scale recall of Ford Fusions and Lincoln MKZs due to faulty door latches. The recall resulted in over 1 million vehicles being removed from the market, signifying how important it is for manufacturers to be aware of their market share ratios and potential liabilities. Other major product recalls include Samsung’s Galaxy Note 7 in 2016, General Motors’ ignition switch recall in 2014, and Johnson & Johnson’s Motrin Recall in 2009.

Children’s toys like hoverboards, water balloon slingshots, high-powered water guns, guns with projectile ammunition, backyard swimming pools (above-ground and in-ground), bounce houses, and lawn darts have also been recalled in recent years. These products were dangerous because of faulty design, manufacturing errors, and other issues. See our blog, “These Children’s Toys Made the Most Dangerous List for 2021” for an additional list of some toys to steer clear of.


Manufacturers must pay close attention to their own market share ratios when assessing potential liabilities from product defects. By understanding how their market share ratios can impact their legal responsibilities, companies can ensure they are taking appropriate action to limit potential losses from defective goods.

Would you like to learn how you can bring about a successful claim against a negligent manufacturer or company? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee consultation with an experienced product liability lawyer in Indianapolis, Indiana. We represent clients all throughout the state, so there is no need to travel if you are unable to. We can hold case evaluations via phone or video.

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What You Need to Know About Product Recalls and Injury Claims

What You Need to Know About Product Recalls and Injury Claims

Product recalls happen when manufacturers introduce a new product or commodity to the market for resale, but the product is defective and dangerous in some way. Manufacturers these days are in high competition and always in a rush when it comes to getting their products out on the market to start making fast cash; the subsequent problem that arises from this situation is that some products are not properly tested before they are released to the public. When a person is injured as a result of a defective product, it falls under product liability law, and victims may be entitled to compensation for their damages.

Continue reading to learn more about defect products and injury lawsuits, including who to trust for verified legal counsel regarding your potential claim.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

Defective Products and Product Liability

Here in Indiana, product liability cases are governed under The Product Liability Act, which defines a defective product as, “A product is in a defective condition under this article if, at the time it is conveyed by the seller to another party, it is in a condition: (1) not contemplated by reasonable persons among those considered expected users or consumers of the product;  and (2) that will be unreasonably dangerous to the expected user or consumer when used in reasonably expectable ways of handling or consumption.”

Filing a Defective Product Injury Claim

An injured victim of a defective or recalled product has up to 2 years to file a claim against the at-fault seller or manufacturer under most situations. Some legal principals to consider when determining a victim’s entitlement to compensation for damages and losses: strict liability and market share liability.

Strict Liability

Manufacturers, retailers, and marketers are the common types of sellers held liable in product liability lawsuits. This legal principal is known as strict liability. If one party makes, sells, or even leases a product that meets the state criteria of a defective product, they can be held legally responsible for any physical harm suffered by the consumer, including their damages and losses, such as hospital bills and medical expenses. However, in order for the seller to be held liable, three elements must be true. First, a seller must be involved in the sales of the product. Second, the consumer must be in a class of people that the seller would reasonably expect to be harmed. And third, a consumer must have obtained the product without a substantial change in its condition.

Market Share Liability

Market share liability is a legal set of rules that plaintiffs and courts use regarding a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. The apportioned share in a market share liability case is not always equal among manufacturers. It is divided according the percentage of the product they produced and distributed at the time a victim was injured by it.

Famous Product Recalls of Our Time

Ford Pinto (1978) – Perhaps the most famous recall of them all, the Ford Pinto was recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle; and as a result, numerous fatalities and injuries occurred among consumers.

Fire Stone Tires (2000) – Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused numerous motor vehicle accidents resulting in approximately 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.

Renu Moisture Loc Contact Lens Solution (2006) – This Bausch & Lomb contact lens solution was recalled for potentially being linked to a blinding eye infection called Fusarium Fungus. Their company losses were reported to be over 100 million dollars.

Mattel Toys (2007) – Lead contamination was the culprit behind this 2007 recall. More than 18 million toys, manufactured in China, were recalled.

Ground Beef (2008) – The Department of Agriculture ordered the Hallmark-Westland Meat Company to recall more than 140 pounds of ground beef because it may have been contaminated with a bovine disease. The mean was thought to be contaminated with a disease call Downer Cattle. The company had to pay more than 60 million dollars in restitution and fines related to this recall.

Speak to a Skilled Product Liability Lawyer for Indiana Injury Cases

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent product liability injury. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in insurance compensation law, and offer free initial consultations to discuss your case and determine the best strategies for your claim. We never collect lawyer fees unless we obtain a settlement or judgment for you. Get started today by calling 317-881-2700 and scheduling your free consultation.

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Common Types of Wrongful Death Lawsuits

Wrongful Death Attorneys 317-881-2700

Wrongful Death Attorneys 317-881-2700

When a person is killed or dies as a result of another individual or entity’s negligence, it is called termed a wrongful death. There are infinite ways a person or family can become a victim of a wrongful death. In the case of a wrongful death, the immediate family would receive any monetary penalties, debts, or benefits following the incident. Continue reading to learn more about the different cases of wrongful deaths and what to do in the case of such tragedy.

Medical Malpractice

Medical malpractice is one of the most common cases of negligent deaths. This often occurs for many reasons, including improper medication, incorrect diagnosis, surgical errors, unintentional doctor error, and more. It is commonly the hospitals, doctors, anesthesiologist, medical boards, and more that are held accountable for medical malpractice cases.

Drunk Driving Accidents

Drunk driving is the most common cause of wrongful death accidents. In addition to driving under the influence, distracted driving is another common cause of negligent deaths on the road. Failure to obey traffic signals, ignoring traffic signs, texting and driving, eating and driving, dealing with children and driving, intoxicated driving, and more are examples of distracted driving.

Product Defects

Manufacturer defects in products sold on the market can be another cause of negligent death. When automotive parts, children toys, and food are commonly recalled for defective issues that can cause harm or death to an individual and even pet.

Workplace Accidents

Accidents that result in death within the workplace are another common cause of such cases. Scaffolding accidents, falling from great heights, construction equipment accidents, improper employer safety measures, unsafe work conditions, motor vehicle accidents, and more are common workplace wrongful death lawsuits.

Advice for Victims

Any type of wrongful death case requires the services of a well-versed and seasoned personal injury attorney. Contact an injury law firm right away if someone you love was recently killed in a negligent accident that was not of any fault of their own. You and your family may be entitled to compensation for your damages; like pain and suffering, trauma, post-traumatic stress, mental anguish, funeral expenses, hospital bills, and more.

Wrongful Death Lawyers in Indianapolis

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a wrongful death claim in Indianapolis, Indiana. Seasoned personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are here to help you obtain the rightful compensation you deserve after wrongfully losing a loved one. We offer free initial consultations and never collect lawyer fees unless we recover for you. Call 317-881-2700 to schedule an appointment with a wrongful death lawyer in Indianapolis, IN today.