Multiple Causation - Jan. 25

Question 1

For multiple causation, what language can be used to analyze the situation? (Feldman)

Answer 1

Necessity and sufficiency.

Ex: 1. the negligence of A is necessary but not sufficient to cause the party wall to fail;

2. the negligence of B is necessary but not sufficient to cause the party wall to
   fail; and
3. the negligence of both A and B is necessary and sufficient to cause the party wall to fail.

Question 2

What is alternative liability? (Feldman)

Answer 2

The court shifts the burden of proof to the defendants: each defendant must come forward with evidence that the shot which struck the plaintiff was not fired from their gun.

Question 3

What reason does the court in Summers offer for alternative liability? (Feldman)

Answer 3

This result is warranted in Summers because (1) if we don’t shift the burden of proof we confer a windfall benefit on a negligent defendant at the expense of an
innocent plaintiff and (2) each defendant is in the best position to exculpate themself.

Question 4

What is an example of single causation: defendant’s negligence as necessary and sufficient cause? (Feldman)

Answer 4

The question is whether the defendant’s negligence is a necessary and sufficient cause of the plaintiff’s injury. (Barnes, Sowles)

Question 5

What is an example of single causation: “loss of chance” doctrine - alternative sufficient causes? (Feldman)

Answer 5

The defendant’s negligence or the preexisting condition may have caused the plaintiff’s ultimate injury – either is sufficient but neither is necessary – so we award “lost
chance of recovery” damages. (Scafidi)

Question 6

What is an example of multiple causation: Some Injurer’s Wrongdoing as Necessary Cause? (Feldman)

Answer 6

These cases involve two negligent injurers either of whom acting alone would have inflicted the entire harm
suffered by the plaintiff (they are both sufficient causes) but neither of whom is the “but for” (the necessary) cause of the injury. (Kingston)

Question 7

What is an example of multiple causation: Each and Both Injurer’s Wrongdoing as Necessary Causes? (Feldman)

Answer 7

These cases also involve two negligent injurers but in this circumstance both injurers’ breaches are necessary to the infliction of the harm and neither breach alone is sufficient to inflict that harm. (Johnson)

Question 8

What is an example of multiple causation: Is any One Necessary? (Feldman)

Answer 8

Multiple injurers inflict an indivisible injury, but
no single injurer’s breach is necessary and sufficient to inflict the harm. The question is how should we award damages? (Slater and O’Brien)

Question 9

What is an example of Alternative Liability and Causation as Identification? (Feldman)

Answer 9

Two negligent injurers breach their duty of care to a plaintiff who suffers an indivisible injury inflicted by only one of them. The question is what do we do when we can’t identify the injurer? (Summers)