Negligence-Causation

Question 1

What are the four tests for causation?

Answer 1

1. Actual causation: Did D’s negligent conduct actually cause the injury?
2. But-for test: But-for D’s conduct, would the injury have occurred?
3. Substantial factor test: Was D’s conduct a substantial factor in causing the injury?
4. “Alternative causes” test: Two or more negligent defendants, but uncertainty as to which caused injury->this shifts burden to Ds as to which one did it.

Question 2

What is Proximate Causation?

Answer 2

This is a way for the jury to let a negligent defendant who actually caused the injury based off a LACK of foreseeability.

Question 3

What is the difference between a direct cause or indirect causes?

Answer 3

Direct cause: an uninterrupted chain between negligence and injury
Indirect cause: Intervening force between negligence and injury

Question 4

If the D is negligent, but the result is unforeseeable, will he be held liable?

Answer 4

No.

Question 5

What is an “Egg-shell Plaintiff”?

Answer 5

A P that may be prone to far worse injury from a given negligent conduct than foreseeable, but that does not make the result unforeseeable.