Negligence - Causation

Question 1

What is the test for causation?

Answer 1

But for…

If D acted as an RPP, would this have happened?

Question 2

What if 2 D’s act independently and cause torts that end up with 1 indivisible harm?

Answer 2

Merged causes

Question 3

What test is used for merged causes?

Answer 3

Substantial factor test - liability if breach contributed in significant/substantial way to injury

Question 4

What is considered substantial?

Answer 4

If one of the breaches could have caused the whole harm

Question 5

Who is liable for merged causes?

Answer 5

Each D is jointly and severally liable

Question 6

What if the cause is unascertainable when 2 acts caused one injury?

Answer 6

D’s have to show by preponderance of the evidence that they did not cause damages

Question 7

What is another way to think about proximate cause?

Answer 7

Was the outcome FORESEEABLE risk of associated breach (Palsgraf)

If not, no liability

Question 8

What are guidelines of proximate/foreseeable cause?

Answer 8

Passage of time
Geographic distance
Prior occurrence

Question 9

What are foreseeable intervening acts?

Answer 9

Medical malpractice - doctors will make things worse

Negligent rescue - original D liable

Protection/reaction - stampede after dangerous act - D is liable

Subsequent disease or accident - Injured or sick person might get worse