Causation & Defenses Flashcards
Causation (Broad)
A defendant is only liable if his conduct was both a factual and legal or proximate cause of the plaintiff’s injury.
Factual Cause
To establish factual causation, the plaintiff must demonstrate that but for the defendant’s negligence the injury would not have occurred. The plaintiff does not need to show that the defendant’s negligence was the sole cause. Scientific evidence is only admissible to establish factual causation if the reasoning or methodology is scientifically valid and can properly be applied to the case.
Shifting Burden of Proof to D
Although the plaintiff has the burden of proof on all elements of the negligence, the court may shift the burden of proof on factual causation to the defendant if (1) circumstantial evidence shows that such negligence is likely to have resulted in harm of this type, (2) the defendant is in a better position to explain what happened, or (3) there is reason to believe that an erroneous finding of no liability is more harmful than an erroneous finding of liability.
Multiple Defendants
Courts have 4 theories of causation for multiple defendants.
Joint tortfeasors are 2 or more defendants acting independently but each was negligent and was a cause of the harm.
2 or more defendants act in concert when they agree to do something that is negligent and they cause the harm.
Alternative liability is when multiple defendants act negligently but only one of them caused the harm and it is unclear which.
Where multiple defendants sold a generic defective product that caused harm and plaintiffs are unable to identify the manufacturer that caused the harm, some courts have allocated liability based on the defendants’ shares of the market.
Proximate Cause
A defendant’s conduct was a proximate cause of the harm to the plaintiff if the harm was a reasonably foreseeable consequence of the risk created by the defendant’s negligence. A negligent defendant is not relieved of liability by the intervention of another person unless (1) the harm was intentionally created by the other and (2) it is not a reasonably foreseeable consequence of the defendant’s negligence.
Eggshell Plaintiff
Under the eggshell plaintiff rule, the actor is liable for all harm that his negligence causes to another, even if the physical condition of the other makes the injury greater than could reasonably have been foreseen.
Contributory/Comparative Negligence
Under the traditional rule, a plaintiff could not recover if they were also negligent and their negligence caused the defendant’s injury, making contributory negligence a complete defense. However, modern courts have implemented comparative negligence where a plaintiff can only recover a portion of their damages. Under the Uniform Comparative Fault Act, a plaintiff can recover a percentage of their damages even if the plaintiff’s fault was greater than that of the defendant.
Express Assumption of Risk
If a plaintiff makes an express agreement waiving liability for the defendant’s negligence, then the defendant cannot be held liable. However, this agreement may not be enforced if it violates public policy.
Tunkl Factors
This includes agreements (1) concerning businesses of a type generally thought suitable for public regulation (airplanes, drugs, public utilities), (2) where the defendant is engaged in performing a service of great importance to the public, (3) where the defendant offers his services to any member of the public who seeks it, (4) where the defendant possesses a decisive advantage of bargaining strength against any member of the public who seeks his services, (5) the other party is given a standardized contract without room for negotiation, and (6) the other party’s person or property is placed under the control of the party, subject to the risk of carelessness
Implied Assumption of Risk
A defendant may be relieved of liability for their negligence if a plaintiff impliedly assumes the risks inherent in a particular activity or knowingly encounters a risk created by the defendant’s negligence and proceeds anyways.
Preemption
When federal and state law conflict, state law is preempted under the Supremacy Clause under Article VI of the Constitution. Under conflict preemption, state law is preempted if it stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. When it is impossible for a private party to comply with both federal and state law requirements, state law is preempted.
