MBE® Flashcard

DESCRIBE THE RULE OF ALTERNATIVE LIABILITY FROM SUMMERS V. TICE.

 

 

Where an injury is caused by the negligence of two or more persons, only one of whom can actually be responsible, and the plaintiff cannot determine which one caused the harm, the burden of proof shifts to each defendant. Each defendant’s conduct is regarded as a cause-in-fact of the injury unless a defendant can prove that he did not cause the plaintiff’s injury. Absent such a showing, all defendants will be jointly liable.

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