Causation Flashcards
Plaintiff must show that the defendant’s actions were both the ___ and ____ of the P’s injuries
factual and proximate cause
The “but-for” test applies when___
there is one source of harm and one or multiple injuries
Under the But For Test, a P must provide evidence that shows it is more ___ than ___ that the tortious harm was caused by the defandant
more probable than not
Under the Substantial Factor test, when multiple events injure a P must show that there D’s actions were a substantial factor in the ahrm when ___ would have caused it
either act alone
What happens when there are multiple D’s who are negligent but the P does not know who caused the injury?
The burden shifts to the defendant to show that they were NOT the cause
In a but for test, after the rule state this:
“Here the plaintiff had to prove that the D’s actions were both the factual cause and proximate cause of their damages. The P must show that but for the D’s conduct, the injury would not have occured.”
A cause in fact is proximate if it is ___ ___ and not too ___
reasonably foreseable
remote
Out of cause in fact and proximate cause, which one should be established first?
Cause in fact
A D is not liable for _____ consequences of his negligent conduct, even if they were the direct result of the conduct
unforseeable
What is proximate?
4 factors
1) reasonably foresseable or expected to occur
2) natural or probable consequence of the act
3) not too remote or unsual
4) matter of fact
T/F: if the intervening cause is forseeable, the D is no longer liable
false
If the interveing cause is not forseeable, is the defedant liable?
No because the D cannot be liable for something that is not reasonably foreseeable
What are the Two questions to determine whether the intervening act cuts off liability?
1) was the intervening act foreseeable?
2) was the outcome foreseeable?
Case law tells us that the following intervening causes are considered foreseeable and thus the original defendant will still be liable:
1) Subsequent medical malpractice
4) Subsequent Diseases and Accidents
As a result of plaintiff’s injuries, she is on crutches. However, she is not good at using her crutches yet so she falls down the stairs. Defendant will be liable for her injuries as a result of her fall.
2) Negligent Rescue by a third party
3) Reaction Forces
Example: Defendant shoots a gun in the air at a crowded festival. In response, the crowd chaotically disperses. Someone in the crowd knocks Plaintiff down and injures her. Defendant will still be liable for Plaintiff’s injuries.
Define superseeding cause
An unforseeable intervening cause that cuts off liability
