In instances with multiple potential tortfeasors, plaintiffs face the challenge of specifically identifying which party’s actions were the proximate cause of their injury. Proving causation can become complex, especially when the harm could have resulted from the conduct of any one or more parties. Plaintiffs must often rely on evidence that can effectively link the injury to a specific tortfeasor’s action or product, a task made difficult when the marketplace consists of several actors with similar contributions.
For example: A patient who was prescribed a generically manufactured drug by multiple companies suffers adverse effects, and they must show which company’s specific drug caused the harm amidst numerous possibilities.