Unascertainable Cause

In this situation, multiple defendants are simultaneously negligent, but only one injury results, leaving a state of uncertainty over which defendant's breach caused the plaintiff's injury and which defendant should be held liable. In this case, the court deals with this situation by shifting the burden of proof on each of the defendants to provide evidence to prove that their breach of duty did not cause the plaintiff's injury. If neither defendant can satisfy this burden of proof, then both defendants can be held joint and severally liable.

 

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