Alternative causation, unidentifiable tortfeasors, and group liability

a case study

Authors

  • Caitlin Mulholland Professor at the Pontifical Catholic University (PUC), Rio de Janeiro

Keywords:

Alternative causation, Civil liability, Causal link, Contemporary doctrine

Abstract

The analysis presented here deals with situations where the harm is caused by an unidentifiable member of a known group. While it is possible to identify the social segment that generated the harmful conduct, it is impossible to individualize such conduct, “hidden” as it is amidst the mass of individuals who form the group. This raises questions of whether group liability can exist absent the proper identification of the agent who caused the damages, and how to attribute causation and damages to his behavior.

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Author Biography

Caitlin Mulholland, Professor at the Pontifical Catholic University (PUC), Rio de Janeiro

Ph.D. in Law from the Rio de Janeiro State University (UERJ).

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Published

2013-10-14

How to Cite

MULHOLLAND, Caitlin. Alternative causation, unidentifiable tortfeasors, and group liability: a case study. civilistica.com: revista eletrônica de direito civil, Rio de Janeiro, v. 2, n. 3, p. 1–19, 2013. Disponível em: https://civilistica.emnuvens.com.br/redc/article/view/121. Acesso em: 30 apr. 2025.

Issue

Vol. 2 No. 3 (2013)

Section

Contemporary doctrine