Actual Cause

Question 1

How is actual cause established?

Answer 1

Actual cause is established when π can prove by a preponderance of the evidence that they would not have suffered injury “but for” defendant’s negligent act.
To reach such a conclusion, we must compare the actual course of events with the counterfactual, i.e., the hypothetical course of events would have taken had defendant not been negligent

Question 2

Loss of chance

Answer 2

π is attempting to show that the defendant’s negligence increased the odds of an unfavorable outcome. * With some medical conditions it is possible to estimate a patient’s probability of survival to a reasonable degree of medical certainty. When a physicians negligence diminished or destroys a patient’s chance of survival, that’s the injury to the patient.

Question 3

Joint & Several Liability

Answer 3

Each defendant is liable for the entire amount of the damages to π caused by all co-defendants. Π can collect only an amount equal to π’s total damages but may collect full damages from one of the defendants.

Question 4

Situations where Joint & several is appropriate

Answer 4

o Concerted action by the defendants (defendants acted jointly)
o Concurrent action of two or more defendants (independent actions, neither independently sufficient)
o Actions of two or more defendants that result in unsegregable harm

Question 5

Market share liability

Answer 5

Holds all manufacturers of a product identical to the one that harmed the π liable in shares proportional to their share of the market at the time the πs injury occurred.