Causation

Question 1

Causation

Answer 1

Plaintiff must show both actual and proximate causation.

Question 2

Actual

Answer 2

Actual causation means the injury would not have occurred but for defendant’s conduct.
-if there are multiple sufficient causes, it is still an actual cause if it was a substantial factor in causing the injury
-if there are two negligent acts, but unclear which caused the injury, the burden shifts to the defendants to prove they were not the but-for cause

Question 3

Proximate

Answer 3

Proximate causation means the injury was a foreseeable result of the defendant’s conduct.
-intervening forces do not cut off liability if they were foreseeable (med malpractice, negligent rescuer, reactions, further diseases/accidents)
-if an intervening force is not foreseeable it is a superseding force and cuts off liability because the defendant’s negligence did not increase the risk of its occurrence