Negligence: Causation

Question 1

Causation

Answer 1

Actual Causation and Proximate Causation

Question 2

Actual Causation

Answer 2

BUT FOR TEST

but for defendant’s actions plaintiff would have escaped injury

Question 3

Joint Cause of Harm

Answer 3

SUBSTANTIAL FACTOR TEST:

several causes bring about one result, and any one would have been sufficient to cause the injury.

Defendant’s conduct is the cause in fact if it was a substantial factor in causing the injury.

Question 4

Alternative Causes Approaches

Answer 4

BURDEN SHIFTS

Two simultaneous acts bring about injury, plaintiff is unable to prove liability, burden shifts and defendants have to prove that they were not the ones who caused injury.

Question 5

Proximate Cause

Answer 5

FORESEEABILITY

Defendant is liable for all harmful results that are normal incidents of and within the increased risk caused by his actions.

Foreseeable results caused by Foreseeable Intervening forces

Question 6

Common Dependent Intervening Forces

Answer 6

Medical Malpractice, Negligent Rescue, Protection/Reactionary Forces, Subsequent Disease or Injury caused by weakened condition.

Question 7

Independent Intervening Forces

Answer 7

Criminal and Tortious Acts by Third Parties, Negligent Acts by Third Parties, Acts of God.

Question 8

Foreseeable Result Caused by Unforeseeable Intervening Force

Answer 8

Defendant Usually Liable

Question 9

Unforeseeable Result Caused by Foreseeable Intervening Force

Answer 9

Defendant Not Usually Liable

Question 10

Unforeseeable Result Caused by Unforeseeable Intervening Force

Answer 10

Defendant Not Liable

Question 11

Eggshell-Skull Plaintiff Rule

Answer 11

Defendant takes Plaintiff as he/she finds them