Causation

Question 1

Causation

Answer 1

Sufficient connection between breach and injuries

Question 2

Actual Cause

Answer 2

But for defendant’s negligence, plaintiff’s injury would not have occurred

Question 3

Merged or Commingled Causes

Answer 3

1. fires merge
2. pollution

Substantial factor test => negligent conduct that was a substantial factor in causing the harm is deemed an actual cause of the harm (if it could cause the harm by itself)

Question 4

Unknown Causes

Answer 4

When plaintiff cannot directly identify the precise act or omission that caused the harm

Burden shifts to defendants to prove actual cause

Question 5

Proximate Cause

Answer 5

Injury was foreseeable consequence of breach

Question 6

Direct Cause

Answer 6

Uninterrupted chain of events -> defendant is almost always liable

Question 7

Indirect Cause

Answer 7

Other force combines with it to cause injury after defendant’s negligent conduct

Intervening force -> foreseeable = proximate cause

Must be foreseeable possibility

Question 8

Examples of Indirect Causes

Answer 8

Always foreseeable:
1. subsequent medical malpractice - errors by health care providers
2. negligent rescue
3. reaction forces - when people are reacting to danger (alarms)
4. subsequent accident or disease

• negligent conduct by third parties
• intentional torts or crimes by third parties
• natural forces - “acts of God”

Plaintiff’s negligence is NEVER an intervening force - it’s contributory negligence