Joint and Several Liability | Samantha Bates | April 25, 2017

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Joint and Several Liability

Original Creator: Jonathan Zittrain Current Version: Samantha Bates Show/Hide
  1. 1 Show/Hide More Summers v. Tice--"The Simultaneously Negligent Shooters"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    If several defendants act negligently and one among them must have caused the harm, but the plaintiff is unable to prove which defendant did so, should courts hold the defendants liable?
    Notes:
    Plaintiff goes out hunting with the two defendants. After plaintiff flushed a quail out of hiding, both defendants shot at the quail, in the plaintiff’s direction, despite being aware of the bird’s proximity to the plaintiff. Plaintiff was struck in the eye and lip with shotgun pellets. At trial, it was not possible to link the wounding pellets to a particular gun.
  2. 2 Show/Hide More Garcia v. Joseph Vince Co.--"Two Manufacturers, One Sabre"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    When the wrongful act must have been committed by one defendant in a group of defendants, but there is no evidence proving that all members of the group acted negligently, should courts refuse to hold the group liable?
    Notes:
    Plaintiff’s eye was injured during a fencing match by a sabre which was defectively manufactured. There was evidence which narrowed the identity of the sabre’s manufacturer to one of the two defendants, but insufficient evidence to link the sabre to a single manufacturer.
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April 25, 2017

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Samantha Bates

Research Associate

Harvard Law School, Berkman Center

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