alternative liability – when a plaintiff proves that one of two or more defendants caused harm, but they cannot prove which one, the burden of proof shifts to each defendant

     This page is continued from Civil Law Self-Help Walkthrough >>>> Section 1 – Torts, Breaches of Contract, and Assessing Liability >>>> Liability >>>> Types of Liabilities Associated with Civil Law:

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alternative liability:
(1929)

1. Liability arising from the tortious acts of two or more parties — when the plaintiff proves that one of the defendants has caused harm but cannot prove which one caused it — resulting in a shifting of the burden of proof to each defendant.  Restatement (Second) of Torts § 433B(3) (1965). [1]

References:

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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

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