Alternative Liability

When multiple negligent defendants and uncertainty about cause, burden shifts to defendants to disprove causation.

Representative cases

• Rutherford v. Owens-Illinois, Inc. 16 Cal. 4th 953 · California Supreme Court
• Collins v. Greenstein 595 P.2d 275 · Hawaii Supreme Court
• Senn v. Merrell-Dow Pharmaceuticals, Inc. 751 P.2d 215 · Oregon Supreme Court

Related Causation & Damages rules

• Cause in Fact (But-for)But-for causation requires plaintiff’s injury would not have occurred without defendant’s conduct.
• Substantial Factor TestWhen multiple causes exist, defendant is liable if conduct was a substantial factor in harm.
• Proximate CauseDefendant liable for harms that are foreseeable results of negligent conduct.
• Intervening CausesForeseeable intervening acts do not break causation; unforeseeable superseding causes do.
• Thin Skull RuleDefendant takes plaintiff as found and is liable for full extent of harm.
• Damages RequirementNegligence requires actual damages; nominal damages unavailable.
• Comparative NegligenceNegligence damages reduced by plaintiff’s percentage of fault.
• Contributory NegligenceContributory negligence is a complete bar unless last clear chance applies.

Part of Torts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.