Actual Cause

Question 1

Definition of Double Fault Doctrine

Answer 1

When a P cannot determine which of multiple negligence Ds caused his injury, all Ds are liable, and the burden of proof shifts to D

Question 2

Definition of market share approach

Answer 2

P must bring before the court Ds representing a “substantial share” of the market. A D is dismissed from the case if it can prove that it did not produce the drug taken by the P. Each of the remaining Ds is severally liable for only that portion of the P’s damages that corresponds to the percentage of its share of the market

Question 3

What does proximate cause cut off?

Answer 3

liability

Question 4

Injury and foreseeability

Answer 4

the injury must have been at least a reasonably foreseeable (and not bizarre or extraordinary) result of D’s negligence

Question 5

What affects proximate cause?

Answer 5

Space and time away from the injury