Negligence: Causation

Question 1

Factual Causation

Answer 1

P’s obligation to establish a link between the breach and injury. “the breach is a cause.”

Question 2

Factual Causation: But-For-Test

Answer 2

P must persuade the jury that but-for the breach, P would be uninjured.

*cannot use but-for when you have merged causes and multiple defendants. Then you’d use substantial factor.

Question 3

Factual Causation: Substantial Factor Test (Joint causes test)

Answer 3

where several causes brings about the injury, and any one alone would have been sufficient to cause the injury, D’s conduct is the cause in fact if it was a substantial factor in causing the injury.

Question 4

Factual Causation: Alternative Causes Approach

Answer 4

test when there are two acts, only one of which causes injury, but it is not known which one. Burden shifts to D and each must show that his neg is not the actual cause.

Question 5

Proximate Causation

Answer 5

there must be a foreseeability. summary judgement should be denied if there is any issue of foreseeability to the jury.

Question 6

Proximate Causation: Direct Cause Cases

Answer 6

uninterrupted chain of events from neg. act to P’s injury, D is liable for all foreseeable harmful events.

Question 7

Proximate Cause: Indirect Cause Cases

Answer 7

An affirmative interveneing force (i.e. act by 3rd person, act by God) comes into motion after D’s neg act and combines with it to cause P’s injury.

In this case, if it is a foreseeable result caused by foreseeable intervening forces, D is liable. i.e. subsequent medical malpractice, negligence of rescuers, efforts to protect the person or property of oneself or another, injuries caused by another “reacting” to D’s actions, subsequent diseases caused by a weakened condition, and subsequent accident substantially caused by the original injury.