LAWG 101D1 Lecture Notes - Lecture 23: Depleted Uranium, National Coal Board, Abbott Laboratories
23 Jan 2018
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Facts: plaintiff lewis was hunting with a small group of friends. Akenhead and cook, fired almost simultaneously at a group of birds. Then realized that lewis had been shot, causing him to lose an eye. Both a and c asserted they had not shot in that direction, only at birds. Issue: both men are at fault, but it is impossible to determine which of their faults resulted in the injury. Holding: the two defendants each committed a fault towards the plaintiff, one of which caused his injury. The fact that the plaintiff cannot prove which due in great part to the fault itself, both defendants will be held liable, even if it is clear that only one shot caused the injury. As between two faulty parties and an innocent victim, the onus should be on the former. It could not be established on the facts which defendant fired the shot which caused the injury.
