Factual Causation Flashcards
what must a P show once negligent conduct is shown?
Once negligent conduct is shown (a breach of the standard of care owed a foreseeable plaintiff, the plaintiff must show that the conduct was the CAUSE of their injury.
what type of caution must the P show?
for liability to attach, the P must show BOTH (1) factual cause (actual cause) AND (2) proximate cause
factual/actual cause - “but for” test
An act or omission is a factual cause of an injury when the injury would not have occurred “but for” the act or omission.
This test applies where several acts (each insufficient to cause the injury alone) combine to cause the injury.
A defendant can refute this by showing that the plaintiff would have still been injured “even if” the act or omission did not occur.
what is the case when there are multiple causes - each sufficient to cause the injury alone?
Where several causes bring about injury, and any one alone would have been sufficient to cause the injury, the defendant’s conduct is the cause in fact if it was a SUBSTANTIAL FACTOR in causing the injury.
Some courts refer to this situation as one involving “multiple sufficient causes.”
the parties would be said to be “jointly and severally liable” and P would be able to recover the full amount of damages from EITHER (not both) defendants
“unascertainable causes” approach
This test applies when there are two acts, only one of which causes injury, but it is not known which one. (both parties acted negligently - only one caused the harm)
The burden of proof shifts to defendants, and each must show that his negligence is not the actual cause. [Summers v. Tice]
If they are not able to do so - each party may both be liable.
