Negligence - Causation Flashcards
Required showing for Causation
Causation in Fact (Actual Cause) and Proximate Cause
Actual Cause - Tests (3)
1) The “But For” Test
2) Joint Causes - Substantial Factor Test
3) Alternative Causes Approach
Actual Cause - “But For” Test
An act or omission is the cause in fact of an injury when the injury would not have occurred but for the act. This test applies where several acts (each insufficient to cause the injury alone) combine to cause the injury.
Actual Cause - Joint Causes
Where several causes bring about injury, and any one alone would have been sufficient to cause the injury, defendant’s conduct is the case in fact if it was a substantial factor in causing the injury.
Actual Cause - Alternative Causes Approach
The test applies when there are two acts, only one of which causes injury, but it is not known which one. The burden of proof shifts to the defendants, and each must show that his negligence is not the actual cause. (Summers v. Tice).
Proximate Cause - General Rule
A defendant generally is liable for all harmful results that are the normal incidents of and within the increased risk caused by his acts. This is a foreseeability test.
Proximate Cause - Liability in Direct Cause Cases
Where there is an uninterrupted chain of events from the negligent act to the plaintiff’s injury, defendant is liable for all foreseeable harmful results, regardless of the unusual manner in which they arose or the unusual timing of cause and effect. Defendant is not liable for unforeseeable harmful results not within the risk created by defendant’s negligence. Most harmful results will be deemed foreseeable in direct cause cases.
Proximate Cause - Liability in Indirect Cause Cases
An affirmative intervening force (e.g. an act by a third person, ac act of God) comes into motion after defendant’s negligent act and combines with it to cause plaintiff’s injury.
Proximate Cause - Foreseeable Results Caused by Foreseeable Intervening Forces
Defendant is liable where his negligence caused a foreseeable harmful response or reaction from a dependent intervening force or created a foreseeable risk that an independent intervening force would harm plaintiff.
Proximate Cause - Common Dependent Intervening Forces
The following dependent intervening forces are almost always foreseeable:
i) subsequent medical malpractice;
ii) negligence of rescuers;
iii) injuries caused by another “reacting” to the defendant’s actions;
iv) efforts to protect the person or property of oneself or another;
v) subsequent disease caused by a weakened condition, AND
vi) subsequent accident substantially caused by the original injury.
Proximate Cause - Independent Intervening Forces
Independent intervening forces that are not a natural response or reaction to the situation created by the defendant’s conduct may be foreseeable if defendant’s negligence increased the risk of harm from these forces.
Independent intervening forces include:
i) negligent acts of third persons;
ii) crimes and intentional torts of third persons; AND
iii) acts of GOD.
Proximate Cause - Foreseeable Results Caused by Unforeseeable Intervening Force
Defendant is liable where his negligence increased the risk of a foreseeable harmful result and that result is ultimately produced by an unforeseeable intervening force. This rule does not apply where the unforeseeable intervening force was a crime or intentional tort of a third person.
Proximate Cause - Unforeseeable Results Caused by Foreseeable Intervening Forces
In the rare cases where a totally unforeseeable result was caused by a foreseeable intervening force, most courts hold a defendant not liable.
Proximate Cause - Unforeseeable Results Caused by Unforeseeable intervening Forces
Intervening forces that produce unforeseeable results (results not within the increased risk created by defendant’s negligence) are generally deemed unforeseeable and superseding.
Superseding forces break the causal connection between defendant’s initial negligent act and plaintiff’s ultimate injury, thus relieving defendant of liability.
Egg Shell Skull Plaintiff Rule
In all cases, defendant takes his plaintiff as he finds him, i.e. the defendant is liable for all damages, including aggravation of an existing condition, even if the extent or severity of the damages was unforeseeable.
