Factual Causation

Question 1

The “but for” test for factual causation for negligence applies when:

Answer 1

The “but for” test for factual causation for negligence applies when several acts combine to cause an injury but none of the acts standing alone would have been sufficient (e.g., two negligently driven cars collide and injure a passenger). Under the “but for” test, an act or omission to act is the factual cause of an injury if it would not have occurred but for the act.

Question 2

In determining actual cause in a negligence action, the burden of proof shifts to the defendant under the __________.

Answer 2

unascertainable causes approach