Negligence - Causation Flashcards
Substantial Factor Test
Cause in Fact. Multiple causes and any one alone sufficient to cause harm. Was individual defendant’s negligence substantial factor in causing injury? Establish by showing that defendant’s breach at least a substantial factor in the plaintiff’s harm.
Alternative Liabililty
Used when there are multiple defendants, but only one defendant’s actions are causally related to plaintiff’s harm.
If the plaintiff sues all relevant parties and establishes that all the parties were negligent towards her then the burden of proof shifts to the defendants to offer proof that their negligence did not actually cause the harm. If the defendants can’t offer exculpatory evidence, then both will be held liable.
REMEMBER: Summers v Tice; 2 friends shot their guns and third friend was injured. No way to know whose bullet caused the injury.
But-For Test
Would harm have resulted but for defendants negligence?
Had defendant not been negligent, then plaintiff would not have been harmed.
Concurrent Tortfeasors
When there are separate acts of negligence that each combine at the same time concurrently to create a single indivisible injury, each tortfeasor is jointly and severally liable for the plaintiff’s harm.
Market Share Liability (minority rule)
Each defendant can be liable to the plaintiff in the amount of of its proportion of product market share.
Ex. So if company X comprises 15% of the market, company Y 60% of the market, and company Z 25% of the market and plaintiff’s injuries are $100,000, then company X will pay $15,000 of plaintiff’s overall harm, company Y will pay $60,000 and company Z $25,000.
Establishing a joint tortfeasor relationship
- Act in concert; ex. Drag racing
- Independent concurrent tortfeasors create an indivisible injury; ex. Two cars crash because one speeding and one texting
- Tortfeasors owe a common duty to plaintiff; ex. Car manufacturer and airbag manufacturer
Joint and Several Liability
Jurisdictional split. Each tortfeasor can potentially be liable to plaintiffs for entire amount. Plaintiff-friendly (deep pockets).
Triggers contribution, wherein paying tortfeasor can seek recovery from non-paying tortfeasors.
Several Liability
Jurisdiction where each tortfeasor is only liable for its allocated share. Severs the liability among tortfeasors.
BONUS Civ Pro - Permissive Joinder
Allows plaintiffs to elect whether to sue all or some of the tortfeasors. Won’t receive full damages in several liability jurisdiction.
Reasoning:
1. Relationships with tortfeasors
2. Availability of tortfeasors
3. Financial viability of tortfeasors
Empty-chair strategy
Defendant in several liability jurisdiction argues that the absent defendant has all (or at least more) liability than defendant so that defendant’s proportionate share will be less or nothing. Reduces plaintiff’s overall recovery.
Proximate Cause
Liability must be rejected unless a reasonable person would have foreseen the risk and avoided the harm of the type suffered by plaintiff. Ask whether plaintiff’s harm was within the scope of risk caused by defendant’s breach of their duty, and was it foreseeable? Would we expect this to happen?
Palsgraf! Must be in class of people that defendant’s conduct would foreseeably harm.
Note: medical malpractice is always considered foreseeable
Intervening Act
Potential limit to defendant’s liability. An act that breaks the causal chain and places the harm outside of the scope of risk.
If intervening act does not break the causal chain then the defendant is still liable.
Ex. Defendant buys alcohol for minors. Minors get intoxicated and steal car. Minors crash. Defendant still liable because their actions were within the scope of the risk created by defendant.
Superseding Act
Defendant not liable. Breaks chain of causation. Look at whether the act is the ultimate cause of plaintiff’s harm.
Actual Harm
A plaintiff in a negligence case generally must establish that they have suffered actual harm as a result of defendant’s breach.
Compensatory Damages
Damages that make the plaintiff “whole” by putting the plaintiff in the siutation they were in before the injury. Examples: medical bills, lost wages, pain and suffering, decreased property value.
*Attorney’s fees are generally NOT recoverable in a negligence action.
Punitive Damages
Permitted in negligence lawsuits only where the plaintiff can show that the defendant’s conduct was willful, wanton, or malicious.
Foreseeability of Harm to the Plaintiff
Duty of care is owed to the plaintiff only if she is a member of the class of persons who might be foreseeably harmed as a result of the defendant’s negligent conduct.
