Negligence: Causation

Question 1

Two Components of Causation

Answer 1

(1) ACTUAL cause

(2) PROXIMATE cause

Question 2

Actual Cause

Answer 2

P must show that injury would not have occurred “BUT FOR” D’s negligence

Question 3

Actual Cause: Substantial Factor Test

Answer 3

Used when there are conceptual problems with causation due to multiple causes

Test is whether D’s tortious conduct was a “SUBSTANTIAL FACTOR” in
causing the harm

Question 4

Actual Cause: Alternative Causation

Answer 4

When P’s harm caused by only one of a few Ds and each was negligent, and it cannot be determined which one caused the harm

Courts will shift burden of proof to Ds and impose joint and several liability on both unless one can show he did not cause the harm

Question 5

Actual Cause: Concert of Action

Answer 5

If two or more tortfeasors acting together collectively and cause P’s harm, then all Ds jointly and severally liable

Question 6

Loss of Chance Doctrine

Answer 6

If a physician negligently reduces P’s chance of survival, then P can recover for the lost chance of recovery

Can recover portion that represents their lost chance of survival

Question 7

Proximate Cause

Answer 7

D is liable for REASONABLY FORESEEABLE consequences resulting from their conduct

Question 8

Proximate Cause: Intervening Cause

Answer 8

A cause of P’s harm that occurs after D’s tortious act

Does NOT break chain of causation

Question 9

Proximate Cause: Superseding Cause

Answer 9

UNFORESEEABLE intervening cause

BREAKS chain of causation

Question 10

Eggshell Skull Rule

Answer 10

D liable for FULL EXTENT of P’s injuries, even if extent is unusual or unforeseeable

TYPE of damages must be foreseeable, but not EXTENT