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United States Leading Case causation factual

Summers v Tice

33 Cal.2d 80 (1948)
JurisdictionUnited States
CourtCalifornia Supreme Court
Year1948
StatusBinding authority

Summary

Where two negligent defendants both could have caused the plaintiff's injury but it is impossible to identify which did, the burden shifts to each defendant to disprove causation.

Key Principle

Where two defendants act negligently and one caused harm but it is impossible to determine which, the burden of proof shifts to each defendant to prove they were not the cause.

Area of Law

tort

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