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Torts • Negligence
TORT#049
Legal Definition
Where (1) there are two acts, and (2) only one of them causes the injury, and (3) it is unknown which one in fact caused it, then the burden shifts to the defendant to show their negligence was not the cause.
Hypothetical
Hypo 1: Amy is in the woods bird watching. Bob and Sam decide to go deer hunting, even though it is not deer season. They see something move in the distance and both shoot at it. It turns out to be Amy, who is struck once in the leg by a bullet. Result: Both Bob and Sam were acting negligent, but only one of them actually shot Amy. It's not up to Amy to prove which one did it, though. Rather, the burden shifts to Bob and Sam to prove they aren't the one who actually hit Amy with the bullet. If they fail to do so, Amy can go after them jointly and severally.
Visual Aids
Related Concepts
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