Negligence: Causation

Question 1

What is actual cause?

Answer 1

D’s conduct was the cause-in-fact if the event would not have occured but for the existence of D’s conduct, or if D’s conduct was the substantial factor in causing P’s injury

Question 2

What is alternative liability theory?

Answer 2

In circumstances with multiple D’s, if P is unable to establish which D is responsible, then each and every D’s conduct is regarded as a cause-in-fact of the injury, unless D can prove that they did not cause P’s injury

Question 3

What is proximate cause?

Answer 3

D owes a duty of reasonable care only to foreseeable P’s who are within the zone of danger

Question 4

What is the eggshell skull rule?

Answer 4

If D’s conduct is a substantial factor in P’s injury, the mere fact that D neither foresaw nor should have foreseen the extent of the harm doesn’t prevent liability, because D finds the P as they are

Question 5

What is an intervening force?

Answer 5

D is held liable for harm cause by foreseeable events to P, such as negligent medical care

Question 6

What are superseding causes?

Answer 6

Unforeseeable intervening events and causes that break the chain of causation between the initial wrongful act and the ultimate injury, and relieve D from further liability