Negligence--Causation Flashcards
What are the two types of Causation needed to prove Negligence?
What are the two types of Causation needed to prove Negligence?
Actual Cause (aka Cause In Fact) theories: a) but-for cause, b) substantial factor, or c) alternative causes
+
Proximate Cause
Causation
What is the Substantial Factor (Joint Causes) test?
Causation
What is the Substantial Factor (Joint Causes) test?
- When several joint causes combine, and
- either one alone would have been sufficient to cause P’s injury, then
- D’s act was a substantial factor.
- Usu. Joint and several liability meaning each D liable for full D$
What is the Alternative Causes test (burden shifting)?
What is the Alternative Causes test (burden shifting)?
When there’s uncertainty as to which of 2+ Ps caused injury, and
only one caused it,
P only has to prove one of them caused injury then burden shifts to D’s to prove that his/her negligence did not cause injury.
(Summers v. Tice: two shooters and injured by one bullet).
What is the basic rule for Proximate Cause?
What is the basic rule for Proximate Cause?
PxC aka Legal Cause says D is liable for foreseeable harmful results directly caused by his acts
Proximate Cause
Is D liable for foreseeable intervening causes?
AND
What are examples of Foreseeable Intervening Causes?
Yes, D is liable for Foreseeable intervening causes. Examples include:
subsequent medical malpractice,
negligent rescuer,
subsequent diseases caused by weakened condition,
subsequent accident substantially caused by injury
Proximate Cause
When should you use Joint and Several Liability?
Proximate Cause
When should you use Joint and Several Liability?
Use joint and several liability where multiple actors are proximate causes for an indivisible injury.
Proximate Cause
What is a Superseding Cause?
Proximate Cause
What is a Superseding Cause?
Superseding Cause—is one that is bizarre and unforeseeable and cuts off proximate cause (e.g. Acts of God, Intentional Tort, Criminal Act by 3rd party, Gross/Bizarre medical malpractice)
Proximate Cause
In Direct and Indirect Cause Cases, when is D liable?
Proximate Cause
In Direct and Indirect Cause cases, D is liable if there are foreseeable results.
Stated another way, D is NOT liable for unforeseeable results.
Proximate Cause
Is D liable when there is Unforeseeable Extent or Severity of Harm?
Proximate Cause
Yes–D is liable when there is merely Extent or Severity of harm is unforeseeable.
