Actual cause - Negligence

Question 1

#1 out of 2 tricky points in actual cause: 
When the actual cause (D texting while driving) is not established, bc there are other  
 contributing factors (driving into sunset, wet road), I should still mention D can still be held liable - how?

Answer 1

Substantial factor test

• “However, a substantial factor test can be applied here. Most courts have adopted substantial factor test.”
• “Under a substantial factor test, even if there are other contributing factors, if D’s breach of duty of care owed to P was a substantial factor in bringing out harm to P - though a lower bar than the but-for test, D can still be held liable for P’s injury.
• A driver texting on her phone was definitely a substantial factor in bringing about the broken leg.

Question 2

#2 out of 2 tricky points in actual cause: 
Multiple causes, multiple tortfeasors; 1 injury -> it's hard to use the but-for test to conclude what actually caused the harm.

Answer 2

1. P can hold ALL tortfeasors jointly and severally liable
2. Burden will be shifted to Ds to show that their conduct was NOT the actual cause. If a D can show it, he can be taken out of the suit.

Question 3

Proximate cause is established for harms that occur due to others’ subsequent NEGLIGENT conducts.

Then what are the unforeseeable causes that BREAKS the chain of causation?

Answer 3

[= Superseding causes]

1. Acts of God
2. Intentional act
3. Criminal act
4. Bizarre act

From this intervening cause on, the chain of causation is broken, and D is no longer liable for the subsequent harms.

“Unforeseeable events can
be a superseding cause that breaks the chain of liability

Question 4

Thin-skull plaintiff rule

Answer 4

Note: Thin-skull P rule almost acts like an exception to superseding cause breaking the chain of causation

“You take the P has you find him.”
- If P has a pre-existing condition, which makes the the gravity of harm that P suffers seems unforeseeable (and even if that harm is an exaggeration of P’s preexisting condition), D is still liable for ALL of the harm occurred to P.