Is a plaintiff liable if he is injured by one of two negligent defendants but cannot prove either of the two defendants was responsible for his loss?
Manitoba, Canada
The following excerpt is from Campbell Soup Co. Ltd. et al. v. Westco Storage Ltd., 1990 CanLII 11239 (MB QB):
The plaintiffs argue, following Cook v. Lewis, [1952] 1 D.L.R. 1, that both defendants are liable where a plaintiff is injured by one of two negligent defendants but cannot prove which of the two was actually responsi ble for his loss.
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