Couldn’t you make both of them liable? Not as a split, but essentially duplicating the liability, so facing $X damage means one can sue the user for $X, and the manufacturer for $X, making it a total of $2X?
If you don’t put a restriction that you can recover a maximum amount of $X this creates really bad incentives (specifically you’ve just built a being harmed bounty)
Couldn’t you make both of them liable? Not as a split, but essentially duplicating the liability, so facing $X damage means one can sue the user for $X, and the manufacturer for $X, making it a total of $2X?
If you don’t put a restriction that you can recover a maximum amount of $X this creates really bad incentives (specifically you’ve just built a being harmed bounty)