Chapter 4: Negligence: Problems with Cause

Question 1

Summers v. Tice (two independent/concurrent negligence/alternative causation)

Answer 1

If can prove both are independently negligent, an injury occurs from negligence, both are held liable as to hold otherwise would be to exonerate both, even though only one factually caused the injury. Shifts burden to ∆ for proving didn’t cause injury

Question 2

Sindell v. Abbott (multiple manufacturers of negligent product)

Answer 2

When small number of defendants are independently liable for negligent product that comprises of significant (%90) all will be held liable for their appropriate proportion of negligence, unless they can disprove their market-share liability