doctrine of alternative liability

The doctrine of alternative liability is a legal principle used in tort law to address situations where harm is caused to a plaintiff by one of multiple defendants, but it is unclear which defendant’s actions specifically caused the harm. This doctrine shifts the burden of proof to the defendants, requiring them to prove that they were not the cause of the plaintiff’s injuries.

In the case Summers v. Tice, two hunters negligently fired their guns in the direction of the plaintiff, causing injury. Since it was impossible to determine which hunter’s bullet caused the injury, the court applied the doctrine of alternative liability, holding both hunters liable unless they could prove which one was not responsible.

[Last reviewed in July of 2024 by the Wex Definitions Team]

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