Causation Flashcards
Actual and proximate cause must be shown
Before it can be a proximate cause, IT MUST BE A CAUSE IN FACT (actual cause); determined by:
1) the But for test; act or omission neither or none of which alone is sufficient but all are concurrent causes.
2) substantial factor: two or more causes, any one of which sufficient alone. D is cause in fact if act was a substantial factor
3) alternative causes: two or more, all acting negligently BUT. Only one caused injury but but no one can establish which one. BoP shifts to Ds to prove they
weren’t the cause.
[note diff between last two: in 2 any one could have been actuak cause. in 3, only one could have been but not known which one.
PROXIMATE CAUSE;
meant as limitation of scope of liability related usually to unforeseeable or unusual consequences. D can even be the actual cause but not be the proximate cause.
Foreseeability test: normally D responsible for all consequences result from his act and the increased risk caused by his act
PROX CAUSE EXAM TIP; USUALLY TESTED AS A SJ or DIR. VERD. MOTION. If there is ANY element of foreseeability, it goes to jury.
DIRECT CAUSE
* foreseeabiity and direct cause: unbroken chain of events led to. All foreseeable harmful results no matter how bizarre the nature or timing.
Unforeseeable harmful results not. Don;t forget to mention the eggshell skull P rule.
INDIRECT CAUSE
an affirmative intervening cause comes into motion after Ds act and combines with it to cause the harm (act of God, act of 3rd person)
Dependent intervening causes: Not natural result or reaction are foreseeable if P’s weakened condition caused by D’s negligence makes him more vulnerable,
