Factual Causation

Question 1

Proximate Cause

Answer 1

• D’s conduct must be the cause in fact & proximate cause of injury.
• Even though conduct actually caused P’s injury, it might not be the proximate cause.
• Proximate causation is a limitation of liability & deals w/ liability/nonliability for unforeseeable/unusual consequences of one’s acts.

Question 2

General Rule: Scope of Foreseeable Risk

Answer 2

• D generally is liable for all harmful results that are normal results of their negligence
• This is foreseeability test.

Question 3

Tip:

Answer 3

Questions raising proximate cause issues will not
require you to make a judgment call on foreseeability in a close case. Often call of the question will be whether one/both parties are entitled to summary judgment—which should be denied if there is any issue of foreseeability for the jury. In other cases, facts inwill be so clear-cut that common sense will
tell you immediately whether harm that occurred was foreseeable.

Question 4

Common Foreseeable Intervening Forces

Answer 4

• D is liable when their negligence created a foreseeable risk that an intervening force would harm P.
• Intervening forces that are normal responses to the situation created by D’s negligence are almost always foreseeable:
  (1) Medical malpractice
  (2) Negligence of rescuers
  (3) Protection/reaction forces to D’s conduct, including efforts to protect person/property
  (4) Disease/accident substantially caused by original injury

Question 5

Intervening Forces

Answer 5

• Intervening forces that are not a natural response to the situation created by D’s conduct may be foreseeable if D’s negligence increased the risk of harm from forces.
• These intervening forces include:
  (1) negligent acts of 3rd persons,
  (2) crimes & intentional torts of 3rd persons, and
  (3) acts of God.
• Ex. if a valet leaves the keys in a car, & a thief steals the car, valet may be liable b/c the thief’s conduct may be considered a foreseeable intervening force.

Question 6

Compare - Superseding Forces

Answer 6

• Intervening forces that produce unforeseeable results (not w/in increased risk created by D’s negligence) are generally unforeseeable & superseding.
• Superseding forces break the causal connection between D’s initial negligent act & P’s ultimate injury, relieving D of liability.
• Ex. if D negligently blocks road, forcing P to take an alternate road, & then another driver negligently collides w/ P on this road, other driver’s conduct is an unforeseeable intervening force b/c D’s negligence did not increase the risk of its occurrence.
• Thus, the other driver is a superseding force that cuts off D’s liability for original negligent act of blocking the road.