Alternate liability theories are unsuitable when the plaintiff cannot prove that all potential tortfeasors are before the court or when there is no reasonable basis to determine that a defendant’s action was more likely than not to have caused the harm. Superior knowledge by defendants or their control over evidence may also influence the applicability of these theories. Additionally, these theories hinge on showing some level of joint action or commonality between the defendants which may be absent.
For example: In an environmental case where residents sue for chemical dumping, alternate liability would be ineffective if there are several unidentified companies that could have polluted, with no clear nexus between their disposal practices and the specific harm suffered by residents.