Subrogation Alert: The doctrine of alternative liability relieves a plaintiff from proving which of two or more negligent acts caused a loss. The doctrine has special relevance to subrogation claims arising out of fires, which often consume the evidence needed to show precisely what happened. A recent decision from a federal court in Oklahoma shows how to employ this doctrine effectively. In that case, the plaintiff was able to flip the burden of proof and force the defendants to prove their negligent electrical work didn’t cause the loss.
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