II.C. Negligence - Causation and Damages

Question 1

General Rule: causation

Answer 1

Link between breach of duty of care and plaintiff’s injury

Question 2

What is “actual” cause?

Answer 2

Actual cause, or legal cause, is determined under the “but for” test. A defendant’s breach will be the actual cause of the plaintiff’s injuries if the plaintiff can demonstrate that but for the defendant’s breach, her injuries would not have occurred.

Question 3

Proximate cause

Answer 3

The defendant’s conduct will be the proximate cause of the plaintiff’s injuries where the injuries suffered were within the increased risk created by the defendant’s conduct, and were a foreseeable result of the defendant’s conduct.

Question 4

Damages

Answer 4

Any personal injury or property damages are sufficient to support a claim of negligence.

Question 5

Standards of Care