Two hunters are out in a field near some woods hunting pheasants. Both see a man standing by the tree line. One hunter is using a 12 gauge shotgun. The other is using a 20 gauge shotgun. A pheasant takes flight toward the woods and both hunters shoot. Shot pellets from both the 12 gauge and the 20 gauge hit the man in the chest causing serious injuries. Causation will likely be resolved:
a. Using the "but for" test.
b. Each hunter was a substantial factor in causing the man's injuries so both will be liable.
a. Since it cannot be established which hunter's shot caused the greater injury, plaintiff cannot recover from either hunter.
b. Plaintiff must choose only one hunter to sue.
B
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Fill in the blank(s) with correct word
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Fill in the blank(s) with correct word